An Aggravated DUI, DWI, OUI, or OWI (driving under the influence, driving while intoxicated, operating under the influence, or operating while intoxicated) is the criminal offense of DUI/DWI/OUI/OWI—with additional aggravating circumstances that enhance or make the offense a greater crime—resulting in greater potential punishments.
Aggravating circumstances that may result in an Aggravated DUI/DWI/OUI/OWI charge include (1) a blood alcohol concentration (BAC) that is significantly higher than the legal limit; (2) an accident in which a person is injured or killed, or in which there is property damage; (3) a minor child in the car being transported by the alleged intoxicated driver; (4) driving 20 mph or more over the speed limit; (5) the driver is under the legal age for drinking (generally 21); (6) refusing to submit to a chemical test of blood, breath, or urine; and (7) prior convictions for DUI/DWI/OUI/OWI.
Laws regarding the definitions and names of alcohol and drug-related driving offenses—including the consideration and definitions of aggravating circumstances—vary from state to state and are usually located in a state’s statutes—often in the penal code or criminal code.
In Alaska, an Aggravated DUI (Driving Under the Influence) is a more serious offense than a standard DUI due to certain aggravating factors. These factors can include having a BAC (Blood Alcohol Concentration) significantly above the legal limit of 0.08%, causing an accident that results in injury, death, or property damage, having a minor in the vehicle, driving substantially over the speed limit, being underage and consuming alcohol, refusing to submit to a chemical test, or having prior DUI convictions. Alaska's laws on DUI can be found in Title 28 of the Alaska Statutes, specifically in sections 28.35.030 and 28.35.032, which outline the penalties and aggravating factors. The presence of these aggravating circumstances can lead to enhanced penalties such as longer jail time, higher fines, longer license revocation periods, and the requirement of an ignition interlock device. It's important to note that Alaska takes DUI offenses very seriously, and the penalties can be severe, especially when aggravating factors are involved.