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 Alabama, an Aggravated DUI is a more serious form of the standard DUI charge, which stands for Driving Under the Influence. The state's DUI laws are codified in the Alabama Code Section 32-5A-191. Aggravating circumstances that can elevate a DUI to an Aggravated DUI include having a BAC significantly above the legal limit of 0.08% for adults, causing an accident that results in injury, death, or property damage, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing a chemical test, or having prior DUI convictions. The presence of these factors can lead to enhanced penalties such as longer jail time, higher fines, longer license suspension periods, mandatory installation of an ignition interlock device, and even felony charges depending on the specifics of the case. It's important to note that Alabama has a 'look-back period' of 10 years for prior DUI convictions, which can influence the severity of the punishment for a new DUI offense.