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 Kansas (KS), an Aggravated DUI is a more serious offense than a standard DUI, due to certain aggravating circumstances. Under Kansas law, a DUI becomes aggravated when the driver's blood alcohol concentration (BAC) is .15 or higher, which is nearly twice the legal limit of .08. Other aggravating factors include having a minor in the vehicle, causing bodily harm or death in an accident, or having previous DUI convictions. Kansas Statutes Annotated (K.S.A.) 8-1567 outlines the specifics of DUI offenses, including enhanced penalties for aggravated circumstances. For instance, a DUI with a BAC of .15 or more can lead to a longer license suspension, mandatory ignition interlock device installation, and increased fines and jail time. Additionally, repeat DUI offenses within a certain time frame can elevate the charge to a felony with even harsher penalties. Refusing to submit to a chemical test can also result in penalties under the Kansas implied consent laws. It's important to note that while some states use different terms like DWI, OUI, or OWI, Kansas law primarily refers to these offenses as DUI.