text: 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 couldn'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)
target: 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 .