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 Massachusetts, an Aggravated Operating Under the Influence (OUI) charge is a more serious form of the standard OUI offense, which can lead to harsher penalties. Aggravating factors that may elevate an OUI to an aggravated level include having a BAC significantly above the .08% legal limit, causing an accident resulting in injury, death, or property damage, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing a chemical test, or having prior OUI convictions. Massachusetts law outlines specific penalties for each aggravating circumstance. For example, if a driver causes serious bodily injury while operating under the influence, they may face felony charges with potential imprisonment. Additionally, a driver with a child under 14 in the car can be charged with child endangerment while OUI, which carries additional penalties. Refusing a chemical test after an arrest results in an automatic license suspension. Prior OUI convictions within a certain timeframe can lead to mandatory minimum jail sentences and longer license suspensions. The specifics of these laws and penalties are detailed in the Massachusetts General Laws under chapters that address motor vehicles and crimes against public safety.