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 South Dakota, an Aggravated DUI (Driving Under the Influence) is a more serious offense than a standard DUI, due to certain aggravating factors. These factors can include having a BAC (Blood Alcohol Concentration) significantly above the legal limit of 0.08%, causing an accident resulting in injury, death, or property damage, having a minor in the vehicle, excessive speeding, being underage and consuming alcohol, refusing a chemical test, or having prior DUI convictions. South Dakota law outlines enhanced penalties for such aggravating circumstances, which can lead to increased fines, longer jail sentences, and more severe license suspensions. The specific statutes detailing DUI laws and penalties in South Dakota can be found in the state's codified laws, particularly under the sections dealing with motor vehicles and crimes.