J.B. Silverthorn got charged with a DUI moments after being convicted for his first on Monday . A 44-year-old man got charged with a DUI moments after being convicted for his first , after allegedly turning up to court drunk and driving away . Police say they repeatedly told J.B. Silverthorn of Orchard Park , New York , to not drive home from Grand Island Town Court on Monday night after they noticed he 'smelled of alcohol ' and was 'intoxicated ' . But the suspect reportedly proceeded to get in his car and pull out of the parking lot before being stopped by deputies . Silverthorn was charged with felony DUI , meaning he could serve a minimum of one year in jail . He was also booked for driving without headlights . He 's currently being held in the Erie County jail with his bail set at $ 1,000 . It could n't be determined if he has a lawyer . Silverthorn was deemed guilty this week for driving over the limit and crashing his car into the Niagara River on December 29 . He was stranded three-feet deep in moving water and rescued by firefighters . He 's due back in court Monday for a felony hearing . However , if he posts bail , the date could be pushed back to April 22 . Police say they repeatedly told Silverthorn of Orchard Park to not drive home from Grand Island Town Court after they noticed he 'smelled of alcohol ' but the suspect reportedly proceeded to get in his car . Silverthorn was deemed guilty this week for driving over the limit and crashing his car into the Niagara River on December 29 ( seen above )
Police say they repeatedly instructed J.B. Silverthorn of Orchard Park , New York , not to drive home from Grand Island Town Court on Monday night . The warning came after they noticed he 'smelled of alcohol ' Despite the threat , Silverthorn proceeded to get in his car and pull out the parking lot before being stopped by deputies . He 's currently being held in the Erie County jail with his bail set at $ 1,000 .