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 Maine, an Aggravated Operating Under the Influence (OUI) charge is a more serious offense than a standard OUI. Aggravating factors that can lead to an Aggravated OUI charge include having a blood alcohol concentration (BAC) of 0.15 or more, which is nearly twice the legal limit of 0.08; causing serious bodily injury or death to another person while operating under the influence; having a passenger under the age of 21 in the vehicle; and eluding an officer. Additionally, if a driver is speeding 30 miles per hour over the speed limit while under the influence, this can also be an aggravating factor. Refusing to submit to a chemical test can result in an automatic aggravation of the charge. Prior convictions for OUI within a 10-year period can elevate the charge to an Aggravated OUI as well. The penalties for an Aggravated OUI in Maine are more severe and may include longer jail time, higher fines, and extended license suspensions compared to a standard OUI offense.