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 York State, an Aggravated Driving While Intoxicated (Aggravated DWI) charge is typically issued when a driver's blood alcohol concentration (BAC) is 0.18% or higher, which is more than twice the standard legal limit of 0.08%. Aggravating factors can also include causing an accident resulting in injury or death, having a minor in the vehicle, excessive speeding, or having previous DUI/DWI convictions. New York has a Zero Tolerance Law for drivers under 21, where a BAC of 0.02% to 0.07% can lead to a charge. Refusing to take a chemical test can result in immediate license suspension and fines. Penalties for Aggravated DWI in New York are severe and can include increased fines, longer license revocation periods, and possible jail time. The specific laws governing these offenses are found in the New York Vehicle and Traffic Law (VTL), particularly in sections 1192 and 1193, which outline the offenses and penalties for impaired and intoxicated driving.