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 Oregon, an Aggravated DUI (Driving Under the Influence of Intoxicants) is a more serious offense than a standard DUI due to certain aggravating factors. Oregon law considers a DUI to be aggravated when the driver has a BAC (Blood Alcohol Concentration) that is significantly above the legal limit of 0.08%, causes an accident resulting in injury, death, or property damage, has a minor in the vehicle, is excessively speeding, is under the legal drinking age, refuses to take a chemical test, or has prior DUI convictions. These factors can lead to enhanced penalties such as longer jail time, higher fines, longer license suspension periods, and the requirement of an ignition interlock device. The specific statutes detailing DUI laws and penalties in Oregon can be found in the Oregon Revised Statutes (ORS), particularly ORS 813.010 for DUI offenses and ORS 813.020 for penalties. An attorney can provide more detailed information on how these aggravating factors may affect a particular DUI case in Oregon.