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 North Carolina (NC), an Aggravated Driving While Impaired (DWI) offense is a more serious form of the standard DWI charge, which can lead to harsher penalties. North Carolina General Statutes § 20-179 categorizes DWI offenses and outlines aggravating factors that can elevate a DWI to an Aggravated Level One DWI, the most severe level. These factors include having a blood alcohol concentration (BAC) of 0.15% or higher, causing serious injury or death, driving with a revoked license due to a prior DWI, having a child under the age of 18 in the vehicle, driving 30 mph or more over the speed limit, or having two or more prior DWI convictions within the past seven years. Refusing to submit to a chemical test can result in an immediate 30-day revocation of driving privileges and an additional one-year revocation by the DMV. Penalties for an Aggravated Level One DWI can include fines up to $10,000, a maximum of three years in jail, and mandatory substance abuse assessment and treatment. It's important to note that while some states use terms like DUI, OUI, or OWI, North Carolina specifically refers to these offenses as DWI.