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 Pennsylvania, an Aggravated DUI, referred to as a DUI with a high rate of alcohol or controlled substances, involves circumstances that enhance the severity of the offense beyond a standard DUI. These aggravating factors can lead to more severe penalties. In PA, a DUI is typically aggravated if the driver's blood alcohol concentration (BAC) is 0.16% or higher, which is twice the legal limit of 0.08%. Other aggravating circumstances include causing an accident resulting in injury, death, or property damage; having a minor in the vehicle; excessive speeding; being under the legal drinking age; refusing to submit to chemical testing; and having prior DUI convictions. Pennsylvania's DUI laws are codified in Title 75 (Vehicle Code) of the Pennsylvania Consolidated Statutes. The state takes these aggravating factors into account when determining the grading of the DUI offense and the corresponding penalties, which can range from increased fines and longer license suspensions to mandatory jail time.