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 Maryland, an Aggravated DUI (Driving Under the Influence) or Aggravated DWI (Driving While Impaired) refers to a DUI or DWI offense that is made more serious by certain aggravating factors. Maryland law recognizes several circumstances that can elevate a standard DUI/DWI to an aggravated level, including having a BAC (Blood Alcohol Concentration) significantly above the legal limit of 0.08%, causing an accident resulting in injury, death, or property damage, transporting a minor while under the influence, excessive speeding, being underage and driving under the influence, refusing to take a chemical test, and having prior DUI/DWI convictions. The presence of these factors can lead to enhanced penalties such as longer jail time, higher fines, and extended license suspension periods. Maryland's Transportation Code and Criminal Law Code outline the specifics of these offenses and the associated penalties.