A 56-year-old man who racked up his ninth conviction for drunken driving was sentenced Thursday to one year in jail -- far less than the six years recommended by the prosecutor.

Multnomah County Circuit Judge Judith Matarazzo said the recommendation wouldn't allow defendant Cary Dean Devore to take part in the DUII Intensive Supervision Program, which requires him to stay sober and stick with treatment to avoid going to prison.

"What will keep the community safe?" Matarazzo asked in sentencing Devore.

The judge said she thinks it's "inevitable" that Devore will drink and drive again, but putting him in prison for a long time won't solve that problem. She said the treatment supervision program was the best option.

Deputy District Attorney Mike Botthof said Devore probably would end up spending less than six months in jail before early release.

"The community is in danger. Anybody who is walking on the sidewalk, anyone who is in the bike lane ... is at considerable risk," Botthof said in arguing for more prison time.

Devore's history of driving-under-the-influence convictions stretches back to 1980, when he was 19.

He has been sentenced to alcohol evaluations or treatment at least seven times, Botthof said, and has never taken the help offered to heart.

On the afternoon of his latest arrest -- Oct. 14, 2016 -- a concerned person saw Devore eating pizza in the parking lot of a Little Caesars restaurant and called police because Devore looked like he was drunk and might drive. Police arrived and saw Devore get into the car with a friend, then drive away -- swerving into a bicycle lane twice and into oncoming traffic three times, Botthof said.

Devore's blood alcohol content was .28 percent, 3 1/2 times the legal limit of .08 percent for driving.

Botthof said that before Devore had his blood alcohol content tested, he told police that he knew it was going to be below .08 percent. When police asked Devore what he thought his level of intoxication was on a scale of 1 to 10 -- with 1 being sober and 10 being passed-out drunk -- Devore replied "1," Botthof said.

Devore hasn't learned from his many DUII convictions and opportunities for treatment over the decades, the prosecutor said. While on probation in one case, a bartender reported to authorities that Devore was coming into the bar almost every night and getting so drunk that the bartender was concerned. Devore also showed up to a scheduled court hearing drunk once and blew a .28 percent when the judge had him tested.

The district attorney's office supports treatment in the DUII Intensive Supervision Program, but not in extreme cases such as Devore's, Botthof said.

"I think it's safe to infer he's just not going to get it," Botthof said.

Cary Devore has 9 DUIIs, now headed to prison 8 Gallery: Cary Devore has 9 DUIIs, now headed to prison

When it was Devore's turn to speak, he said he has devoted himself to treatment this time. Defense attorney Jessica Snyder said Devore goes to recovery meetings three times a week and church twice a week.

"He takes all of this very seriously," Snyder said. "He is incredibly remorseful."

The judge said a one-year jail sentence will allow Devore to enter the intensive program known by the acronym DISP. Whether he embraces the treatment is up to him, she said.

"I had somebody in DISP who had 12 DUIIs -- who I would have bet money against -- do very well," Matarazzo said.

Despite Devore's history, she said she still has hope for him.

"He is capable of it," Matarazzo said.

Devore pleaded guilty last month to DUII, reckless driving, recklessly endangering another person and driving while suspended or revoked. Under the judge's sentence, he will be under supervision for five years.

-- Aimee Green