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 Arizona, an Aggravated DUI (also referred to as Extreme DUI or Super Extreme DUI, depending on the circumstances) is a more serious offense than a standard DUI, with harsher penalties. Aggravating factors that can elevate a DUI to an Aggravated DUI in Arizona include: having a third DUI offense within 84 months (7 years), driving with a suspended, revoked, or canceled license at the time of the DUI, a DUI offense while a person under 15 years of age is in the vehicle, or refusing to submit to a blood alcohol content (BAC) test while under an ignition interlock device requirement from a previous DUI. Additionally, Arizona law considers a BAC of 0.15% or higher as an Extreme DUI, and a BAC of 0.20% or higher as a Super Extreme DUI, both of which carry increased penalties. The penalties for an Aggravated DUI can include mandatory prison time, high fines, license revocation, and installation of an ignition interlock device. It's important to note that Arizona has a zero-tolerance policy for DUI, meaning that any amount of alcohol that impairs your ability to drive can lead to a DUI charge, regardless of the BAC level.