The jury then sentenced Darwin Batton to 40 years, which is the third time he is going to prison for driving while intoxicated.
The arrest report from College Station police says in May 2016, an employee at the Walmart gas station reported Batton’s breath had the odor of alcohol and he was staggering. After leaving the gas station, Batton was pulled over for a broken taillight.
The district attorney’s office says Batton’s blood alcohol level was twice the legal limit at .160.
Online records show the jury trial, which ended Monday (October 9), marked the 18th time a trial date was set. That includes a mistrial last March, three postponements which were requested by Batton, and two postponements which were requested by prosecutors.
Batton previously went to prison for DWI in 1987 and 2008. He also went to prison in 1993 for possession of a controlled substance.
News release from the Brazos County district attorney’s office:
Darwin Batton was sentenced to 40 years in prison on Monday by a Brazos County Jury following his conviction for Driving While Intoxicated. The same jury found Batton guilty on Friday after two hours
of deliberations.
Batton was arrested on May 15, 2016 after a Brazos County citizen called police and reported that he was driving while intoxicated. The caller saw Batton at Wal Mart at about 2:30 on a Sunday afternoon and reported that he smelled of alcohol, was staggering and talking to himself.
Officers performed field sobriety tests on Batton and determined that he was intoxicated. Batton refused to give a breath sample. Officers obtained a search warrant for his blood, which showed a
blood alcohol concentration of .16, twice the legal limit in the State of Texas.
Batton had previously been convicted of 8 felony driving while intoxicated charges, as well as several misdemeanor charges. The first conviction occurred in Brazos County in 1984 when Batton was placed
on probation. That probation was later revoked and he was sentenced to prison when he committed another felony driving while intoxicated in Jefferson County, TX in 1987. Since that time, Batton had been charged with driving while intoxicated in Orange County TX, Hays County, TX, Alice County, TX, Rogers County, OK, and Tulsa County, OK.
Batton had served three separate prison sentences, two for driving while intoxicated and one for possession of a controlled substance. As a result, his charge was enhanced and he faced a punishment range of 25 to 99 years or life in prison. The longest prison sentence he had served prior to his recent conviction was a 15 year sentence in 1993 from Brazos County.
Statement from assistant district attorney’s Kara Comte and Brian Price: “Our community thrives because citizens look out for each other. If an attentive person hadn’t called the police, the damage could have been so much worse. We are thankful that this man will hopefully never drive on our streets again.”