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 Georgia, an Aggravated DUI is a more serious offense than a standard DUI due to certain aggravating circumstances. Under Georgia law, a DUI becomes aggravated when factors such as a high BAC significantly above the legal limit of 0.08%, causing an accident resulting in injury, death, or property damage, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing to submit to a chemical test, or having prior DUI convictions are present. These factors can lead to enhanced penalties, including longer jail time, higher fines, extended license suspension, mandatory DUI school, community service, and the installation of an ignition interlock device. The specific statutes detailing DUI and its aggravated form can be found in the Official Code of Georgia Annotated (O.C.G.A.), particularly in the sections dealing with motor vehicles and traffic, as well as criminal offenses.