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 California, an Aggravated DUI is a DUI offense that is elevated due to certain aggravating circumstances, leading to more severe penalties. These circumstances can include having a BAC significantly above the .08% legal limit, causing an accident resulting in injury or death, property damage, having a minor in the vehicle, speeding excessively (20 mph or more over the limit), being under the legal drinking age of 21, refusing to submit to a chemical test, or having prior DUI convictions. California's Vehicle Code sections 23152 and 23153 outline the laws and penalties for DUI offenses, including those with aggravating factors. For instance, under California Vehicle Code section 23558, if a DUI results in the injury or death of more than one victim, additional consecutive sentences can be imposed for each additional victim. Penalties for aggravated DUIs can include longer jail time, higher fines, mandatory DUI education programs, installation of an ignition interlock device, and a longer driver's license suspension period. It's important to note that the specific consequences can vary based on the details of the offense and the driver's criminal history.