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 Oklahoma, an Aggravated DUI is a more serious offense than a standard DUI, due to certain aggravating circumstances that elevate the severity of the crime. Under Oklahoma law, a standard DUI involves operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Aggravating circumstances that can lead to an Aggravated DUI charge include having a BAC of 0.15% or higher, causing an accident resulting in injury or death, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing to take a chemical test, or having prior DUI convictions. The penalties for an Aggravated DUI are more severe and may include longer jail time, higher fines, longer license suspension, mandatory installation of an ignition interlock device, and alcohol or drug treatment programs. These laws are codified in Oklahoma's statutes, specifically within the Title 47 of the Oklahoma Statutes, which covers motor vehicle laws, and the penalties are outlined in the state's penal code.