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 Mexico (NM), an Aggravated DUI (Driving Under the Influence) is a more serious form of the standard DUI charge, which can result in harsher penalties. Aggravating circumstances that can elevate a DUI to an Aggravated DUI in NM include having a blood alcohol concentration (BAC) of 0.16% or more, which is twice the legal limit of 0.08%; causing bodily injury to another person during the commission of the DUI; refusing to submit to chemical testing; and having a minor child in the vehicle at the time of the offense. Additionally, repeat offenses can lead to increased penalties and may be considered aggravating factors. The specific laws detailing DUI and Aggravated DUI offenses in New Mexico can be found in the New Mexico Statutes Annotated (NMSA), particularly within the Motor Vehicle Code. It is important for individuals facing such charges to consult with an attorney who is knowledgeable about New Mexico's DUI laws to understand the potential consequences and legal options available.