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 Iowa, the offense of operating while intoxicated (OWI) is taken very seriously, especially when aggravating circumstances are present. Aggravated OWI can result in more severe penalties than a standard OWI. Factors that can elevate an OWI to an aggravated level include having a BAC significantly above the legal limit of 0.08%, causing an accident that results in injury or death, having a minor in the vehicle, excessive speeding, being underage and driving under the influence, refusing to submit to a chemical test, or having prior OWI convictions. Iowa's OWI laws are codified in the Iowa Code, which outlines the penalties for OWI offenses and the specific circumstances that can lead to enhanced charges and punishments. Penalties for aggravated OWI can include longer jail sentences, higher fines, longer license suspensions, and the requirement of an ignition interlock device, among others.