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 Minnesota, an Aggravated DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is a more serious offense than a standard DUI/DWI due to certain aggravating factors. These factors can include having a BAC (Blood Alcohol Concentration) significantly above the legal limit of 0.08%, causing an accident resulting in injury, death, or property damage, having a minor in the vehicle, speeding excessively (20 mph or more over the speed limit), being underage (under 21), refusing to take a chemical test, or having prior DUI/DWI convictions. Minnesota law categorizes DWI offenses into four degrees, with First Degree DWI being the most severe, often involving aggravating factors. Penalties for aggravated DWI offenses in Minnesota are more severe and can include longer jail time, higher fines, longer license revocation periods, and the requirement of using ignition interlock devices. Specific statutes detailing these offenses and penalties can be found in Minnesota Statutes, chapters 169A (Driving While Impaired) and 171 (Drivers' Licenses).