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 Mississippi, an Aggravated DUI is a more serious offense than a standard DUI, with harsher penalties due to certain aggravating circumstances. These circumstances can 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, speeding excessively (20 mph or more over the speed limit), being underage and driving under the influence, refusing to submit to a chemical test, or having prior DUI convictions. Mississippi law outlines these offenses and their associated penalties in the state's Motor Vehicle and Traffic Regulations and under the Title 63 of the Mississippi Code. The specific statutes that address DUI and Aggravated DUI offenses provide the framework for prosecution and sentencing in such cases. It's important to note that the exact penalties and procedures can vary depending on the specific details of the offense and the driver's prior record.