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 Nevada, an Aggravated DUI is a more serious offense than a standard DUI due to certain aggravating circumstances. These circumstances can include having a BAC significantly above the legal limit of 0.08%, causing an accident that results in injury, death, or property damage, having a minor in the vehicle, speeding 20 mph or more over the limit, being under the legal drinking age, refusing to submit to a chemical test, or having prior DUI convictions. Nevada law treats these factors as enhancements that can lead to increased penalties such as longer jail time, higher fines, extended license suspension, mandatory DUI education programs, and the installation of an ignition interlock device. The specific statutes detailing DUI laws and penalties in Nevada can be found in the Nevada Revised Statutes (NRS), particularly NRS 484C.110, 484C.120, and 484C.400. An attorney can provide more detailed information on how these aggravating factors may impact a DUI case in Nevada.