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 Arkansas, an Aggravated DUI (Driving Under the Influence) is a more serious offense than a standard DUI, due to certain aggravating circumstances. These circumstances can include having a BAC (Blood Alcohol Concentration) significantly above the .08% legal limit, causing an accident resulting in injury, death, or property damage, having a minor in the vehicle, speeding excessively (20 mph or more over the speed limit), being underage and driving under the influence, refusing to submit to a chemical test, or having prior DUI convictions. Arkansas law, under the Arkansas Code Annotated (ACA), outlines the penalties and charges for DUI offenses, and the presence of aggravating factors can lead to enhanced penalties such as increased fines, longer jail time, and more severe license suspensions. The specific statutes detailing DUI laws in Arkansas can be found in Title 5, Subtitle 6, Chapter 65 of the ACA, which covers motor vehicle and traffic laws, including those related to driving while intoxicated.