Driver in Fatal DUI Faces Possible 15 Years in Prison

On Thursday, October 5, Kevin Orihuela, 22, of Rockville, was convicted on charges of Homicide by Motor Vehicle while Under the Influence of Alcohol and Gross Negligent Manslaughter by Motor Vehicle in the Circuit Court for Montgomery County.

According to a statement by the State’s Attorney’s office, Orihuela was found guilty of causing the crash that ended the life of Noel Powell, 62, of Germantown on Sunday, August 14th, 2022.

The fatal crash happened at the intersection of Josiah Henson Parkway and Randolph Road at the exit ramp from Route 355 at approximately 4:12 p.m.

Orihuela had gone to a birthday brunch at nearby Pike and Rose with a large group of friends. They ordered “bottomless mimosas” as part of the celebration. According to surveillance footage of the event, the defendant consumed 11 mimosas in less than two hours. The video shows him with his head on the table in the minutes before he left the restaurant.

He then drove his Audi A4 accelerating as he reached the intersection with the ramp on 355. His car was traveling at 70 mph when he t-boned Powell’s Ford Fusion. Powell was taken to Suburban Hospital and pronounced dead shortly after arrival. He is survived by his wife of 34 years and their two adult children.

At the time of the crash, Powell was just leaving his security job at nearby federal buildings in Rockville where he had worked for more than 15 years. His plan was to enjoy Sunday night dinner with his wife and family that evening.

Orihuela was taken to a nearby hospital where he denied being intoxicated despite a 1.4 Blood Alcohol Concentration (BAC) more than an hour after the collision.

Orihuela could be sentenced up to 15 years in prison. His hearing is scheduled for December 15th, 2023.

State’s Attorney John McCarthy issued the following statement about the case:

“We express our deepest condolences to the family of Noel Powell. This is a tragic reminder that if you engage in activities where alcohol is served, you need to have a plan. You should use public transportation, ride sharing, or another method to ensure you have a sober driver and do not pose a risk to the community. This loss of life was completely avoidable.”

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