Lucian Hebert, 54, appears for his sentencing in front of Macomb County Circuit Court Judge Richard Caretti.

Lucian Hebert, 54, appears for his sentencing in front of Macomb County Circuit Court Judge Richard Caretti.

Photo by Deb Jacques


Utica man sentenced to 2-10 years in prison after 14th DUI

By: Kara Szymanski | Shelby - Utica News | Published September 9, 2019

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UTICA — A Utica man was sentenced Sept. 4 to at least two years in prison, with the possibility of up to 10 years, after being arrested for his 14th drunken driving offense in Utica June 8.

Lucian Hebert, 54, of Utica, was stopped by Utica police at 9:26 a.m. June 8 while he was driving a moped on Hall Road. Police said they found Hebert to be intoxicated, and he did not have a license to drive the moped.

Hebert’s blood alcohol content in a breath test at the time of his arrest was 0.21%, according to police. Michigan considers a blood alcohol level of 0.08% to constitute drunken driving for adults.

Mopeds are not allowed on Hall Road, as the speed limit is more than 35 mph, and mopeds are not allowed on roads with speed limits of 35 mph or more.

Hebert was sentenced by Judge Richard Caretti. Hebert faced a harsher charge because he was considered a habitual offender.

“With his record, I don’t know why he would even think of drinking and driving for the 14th time,” Caretti said during Hebert’s sentencing.

Hebert said that he had bought the moped and had been fixing it up, while also drinking. When he was done fixing it up the next day, he decided to drive it around, and that was the day he said he was pulled over for his 14th operating while intoxicated charge. He said his tolerance was up and he didn’t feel the alcohol.

Police said that Hebert’s blood alcohol content has been approximately 0.30% or higher in past incidents.

Hebert said during the sentencing that he can’t control himself and that if he picks up one drink, he just keeps going.

Hebert has had run-ins with the legal system dating back to the 1980s for the 13 other intoxicated driving arrests; third-degree home invasion in 2008; third-degree home invasion in 2012; an attempted breaking and entering of a building with intent in 2012; and other incidents, according to court records.

During the sentencing, Hebert gave a brief statement to the judge.

“I am really sorry for what I have done. I can’t control myself, and my life is despicable when I am drinking,” he said.

Hebert’s attorney, David Pietroski, said Hebert has had long periods of sobriety. Hebert mentioned to the judge that he was sober from 2015 to 2017.

During the sentencing, Pietroski read a letter that Hebert had written.

“I had been reading the AA book and felt that I had the same symptoms that others had in the book, and other people could see the problems I had, but I couldn’t,” he wrote.

Police said the reason Hebert wasn’t in jail at the time of the 14th offense is that he must have been in compliance with the punishment he had received for his 13th operating while intoxicated case.

“I do this day in and day out, and this is an unusual one,” Pietroski said. “He took advice right from the beginning and has admitted that alcohol has destroyed his life. When under this kind of pressure, they usually shut down, so I am hopeful.”

Pietroski said he hopes Hebert can get the help he needs.

“Although Mr. Hebert hoped for a jail sentence that included inpatient treatment for his alcohol addiction, Judge Caretti was firm but fair to Mr. Hebert. Time will tell if Mr. Hebert can remain abstinent, and it is my great hope that Mr. Hebert will continue his efforts to remain alcohol-free.”

Hebert will receive credit for 88 days already served.

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