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 Dakota, an Aggravated DUI (also referred to as an Aggravated DWI) is a more serious offense than a standard DUI, due to certain aggravating factors. North Dakota law considers a DUI aggravated if the driver has a BAC of 0.16% or higher, which is twice the legal limit of 0.08%. Other aggravating factors include causing an accident resulting in injury or death, having a minor in the vehicle, or having prior DUI convictions within a certain time frame. Refusing to submit to a chemical test can also lead to enhanced penalties under North Dakota's implied consent law. The specific penalties for an Aggravated DUI can include longer jail time, higher fines, and extended license suspension periods. The exact consequences depend on the number of prior offenses and the severity of the aggravating circumstances. It's important to note that North Dakota may have unique terms or additional factors that qualify as aggravating circumstances, and these are outlined in the state's Century Code.