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 Michigan, an Aggravated DUI (also known as Operating While Intoxicated or OWI) involves circumstances that enhance the severity of a standard OWI offense. Under Michigan law, an OWI becomes aggravated when certain factors are present, such as a BAC of 0.17% or higher, which is more than twice the legal limit of 0.08%. This is often referred to as a 'High BAC' or 'Super Drunk' offense and carries harsher penalties. Other aggravating factors include causing an accident that results in injury or death, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing a chemical test, or having prior OWI convictions. Penalties for an Aggravated OWI in Michigan can include increased jail time, higher fines, longer license suspension, mandatory alcohol treatment programs, and the installation of an ignition interlock device on the offender's vehicle. The specific statutes detailing these offenses and penalties can be found in the Michigan Vehicle Code (MCL 257.625).