Indiana woman convicted in DUI crash that killed her 2 kids could lose probation after OWI arrest

LOUISVILLE, Ky. (WDRB) — A southern Indiana woman on probation after being convicted in a crash that killed her two children while she was driving under the influence has been arrested again — this time for allegedly committing the same offense.

Ericka Fouch, 38, was arrested July 1 in Dubois County, Indiana, after a traffic stop in Jasper. According to her Probable Cause Affidavit, a Dubois County sheriff's deputy stopped Fouch because she had no visible license plate on her car.

During the traffic stop, the deputy smelled marijuana coming from the vehicle and observed a piece of paper covering the license plate. Deputies conducted a search of the car and impairment tests on Fouch, according to the affidavit. Police then took Fouch to a local hospital for a blood and urine test.

Court documents say preliminary tests showed Fouch was positive for stimulants and drugs to treat opioid use.

Fouch was taken to the Dubois County Jail. She pleaded not guilty to the new charge of operating a vehicle while intoxicated under a controlled substance, and is scheduled to be back in court July 29. She was also cited for improper display of a license plate.

Fouch is currently on probation after serving prison time for her conviction on two counts of causing death while operating a motor vehicle while driving under the influence of a controlled substance.

Fouch was driving with her two kids, Adalynn Fouch, 5, and Wyatt Fouch, 4, when their SUV was hit by a train on State Road 160 in Henryville on June 28, 2017. Toxicology results indicated she was under the influence of drugs, and police said she was driving on a suspended license.

Fouch was sentenced in 2018 to 18 years in prison. At her sentencing, she took full responsibility for the crash that killed her only children. A judge let her out of prison last year after only serving six years of her sentence.

Fouch has been on probation out of Clark County since her release from prison. But that probation could be revoked. Fouch appeared in Clark County Court Tuesday where a judge entered a not guilty plea and set her bond at $1 million.

"And all the remaining years of that 18-year sentence is on the shelf and is set to be revoked and that she serve the remainder of that time in the Indiana Department of Corrections in prison," Clark County Prosecutor Jeremy Mull said.

Fouch is facing an additional 12 years if she is convicted again for driving while having drugs in her system. She is now being held in the Clark County Jail, with another court hearing scheduled next month in Clark County.

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