Utah man sent to prison for fourth DUI conviction
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June 15, 2023
Michael W. Hilton, 38, of Salt Lake City, Utah, faced the Honorable Mark Kozisek in the Holt County district courtroom in O’Neill on June 5 for sentencing on a felony count of third-offense driving under the influence of alcohol.
Kozisek found Hilton had been “extremely intoxicated” and drove in a manner that put the public under substantial risk of injury or death and predicted his abuse of alcohol would continue.
“The defendant is dangerous and in need of correctional treatment that can be provided most effectively by commitment to a correctional facility,” the judge said. “A sentence less than a term of imprisonment would depreciate the seriousness of the offense.”
Kozisek then sentenced Hilton to 36 months in a facility under the jurisdiction of the Nebraska Department of Corrections. The defendant was given credit for 153 days served in the county jail prior to sentencing. Assuming he loses none of his good time, Hilton must serve approximately 13 months before becoming eligible mandatory release.
Hilton was also fined $1,000 and ordered to pay costs of prosecution totaling $1,290.14. His operator’s license will be suspended for 15 years, beginning upon his release from prison. In addition, the judge ordered an 18-month term of post-release supervision.
Hilton was remanded to Holt County sheriff Ben Matchett’s custody, to be taken to the Nebraska Penal and Correctional Complex near Lincoln. Hilton was represented by Holt County public defender Rod Smith.
Hilton was originally arrested, on the east edge of O’Neill July 16, 2021, for Count I, fourth-offense DUI, a Class 2A felony, and Count II, operating a vehicle without an ignition interlock device, a Class 4 felony. He was released from the Holt County Jail on a $500 cash bond June 18, 2021. Bond was revoked in September 2021 after he failed to appear in court and a warrant was issued for his arrest. The warrant was served in Utah on Jan. 9, this year, 17 months after he absconded.
Hilton pleaded guilty to Count I, reduced to third offense, a Class 3A felony, on March 20, pursuant to a plea deal with Kelly, who also dismissed Count II. An enhancement hearing was held, with the offense deemed an aggregated offense.
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