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 Idaho, an Aggravated DUI is a more serious offense than a standard DUI, reflecting the presence of certain aggravating factors that increase the severity of the crime. Under Idaho Code § 18-8006, an Aggravated DUI charge can be brought against an individual if they are found to be driving under the influence and cause great bodily harm, permanent disability, or permanent disfigurement to another person. The state of Idaho considers a BAC of 0.08% or higher as over the legal limit for drivers over 21, and any amount of alcohol for drivers under 21. Aggravating circumstances such as having a high BAC significantly above the legal limit, causing an accident resulting in injury or death, having a minor in the vehicle, excessive speeding, underage drinking, refusal to submit to a chemical test, or having prior DUI convictions can lead to enhanced penalties. Penalties for an Aggravated DUI in Idaho may include longer jail time, higher fines, and extended license suspension periods compared to a standard DUI offense.