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 Kentucky, an Aggravated DUI is a more serious form of a standard DUI charge, which involves driving under the influence of alcohol or drugs. The aggravating circumstances that can elevate a DUI to an Aggravated DUI in Kentucky include having a blood alcohol concentration (BAC) of 0.15 or more within two hours of operating the vehicle, refusing to submit to a blood, breath, or urine test, causing an accident resulting in death or serious physical injury, driving the wrong way on a limited access highway, driving 30 miles per hour or more over the speed limit, having a child under 12 years old in the vehicle, or if the offense occurs in a DUI-designated school zone. The presence of any of these factors at the time of the offense can lead to increased penalties such as longer jail time, higher fines, and extended license suspension periods. Kentucky's DUI laws are primarily found in the Kentucky Revised Statutes (KRS), specifically KRS Chapter 189A.