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 Louisiana (LA), an Aggravated DUI/DWI, known as 'DWI Aggravated' under state law, involves operating a vehicle while intoxicated with certain aggravating factors that enhance the severity of the offense. These factors can include having a 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 underage and driving under the influence, refusing to submit to chemical testing, or having prior DUI/DWI convictions. Louisiana's laws on these offenses are found in the state's Revised Statutes, particularly Title 14 (Criminal Law), and Title 32 (Motor Vehicles and Traffic Regulation). Penalties for an Aggravated DWI are more severe than for a standard DWI and can include longer jail time, higher fines, longer license suspension periods, and the installation of an ignition interlock device on the offender's vehicle.