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 New Hampshire (NH), an Aggravated Driving While Intoxicated (Aggravated DWI) is a more serious offense than a standard DWI. Under NH RSA 265-A:3, a person can be charged with Aggravated DWI for several reasons, including having a BAC of 0.16% or more (twice the legal limit of 0.08%), causing a collision resulting in serious bodily injury, attempting to elude law enforcement by speeding 30 mph or more over the speed limit, carrying a passenger under the age of 16, or if the individual has been previously convicted of a DWI within a two-year period. The penalties for an Aggravated DWI are more severe than for a standard DWI and can include longer license suspension periods, higher fines, mandatory alcohol education programs, community service, and even jail time. It's important to note that the specific circumstances of the case can affect the charges and penalties, and an attorney can provide guidance on the legal implications of an Aggravated DWI charge in NH.