Driver in Fatal “Bottomless Mimosas” DUI Crash Sentenced to Four Years in Prison

According to the Montgomery County State’s Attorney’s Office, “Today in the Circuit Court for Montgomery County, MD, the Honorable Sharon Burrell sentenced defendant, Kevin Orihuela, to ten years in prison suspend all but four years to serve and five years of supervised probation upon release.

On October 5^th, 2023, a jury convicted Orihuela on charges of Homicide by Motor Vehicle while Under the Influence of Alcohol and Gross Negligent Manslaughter by Motor Vehicle for causing the crash that killed 62-year-old Noel Powell of Germantown in August of 2022.”

This stems from a fatal crash that occurred on Sunday, August 14^th, 2022, at Josiah Henson Pkwy and Randolph Rd, at the intersection of Josiah Henson with the exit ramp from route 355 at approximately 4:12 p.m.  Orihuela had gone to brunch at a nearby restaurant with a large group of friends to celebrate one of their 21st birthdays, where they ordered “bottomless mimosas.”

Per the Montgomery County State’s Attorney’s Office: “Based on a review of surveillance video, the defendant drank 11 mimosas over the course of one hour and 55 minutes (1:06 pm to 3:01 pm).  The video depicts the defendant consistently sitting with his head on the table and head in his hands in the minutes before he leaves.  He then got into his Audi A4, left Pike and Rose via the Towne Road exit, turned right onto Josiah Henson, and quickly accelerated his Audi toward the intersection with the ramp from route 355.  The event data recorder from his vehicle showed that as he approached that intersection, he was accelerating at one hundred percent of his vehicle’s capability and reached a speed of 70 miles per hour.  The speed limit on that road is 40 mph.

The defendant’s vehicle collided with the victim’s Ford Fusion in a T-bone crash. Noel Powell was transported to Suburban Hospital and was pronounced shortly afterward. He is survived by his wife of 34 years and their two adult children. At the time of the crash, Powell was finishing a shift as a security supervisor for a private company that provides security to federal buildings in Rockville.  He worked for the company for over 15 years. His only plan for the evening was Sunday night dinner with his wife.

Orihuela was also transported to the hospital where he repeatedly stated he had consumed no alcohol and that he was not speeding.  Medical records showed he had a Blood Alcohol Concentration (BAC) of .14 at one hour and 13 minutes after the crash.  The police also drew his blood pursuant to a search warrant, and at 4 hours and 10 minutes after the crash, his BAC was .09.”