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 Utah, an Aggravated DUI is a more serious offense than a standard DUI due to certain aggravating factors. Under Utah Code Section 41-6a-503, a DUI can be elevated to an Aggravated DUI if the individual commits a DUI offense and, in addition, causes bodily injury to another; had a passenger under 16 years old in the vehicle; or has a prior conviction for certain offenses within the last 10 years. The legal BAC limit in Utah is 0.05%, which is lower than the 0.08% standard in many other states. If a driver has a BAC significantly higher than this limit, it may also be considered an aggravating factor. Other factors such as causing an accident resulting in injury or death, excessive speeding, or having prior DUI convictions can lead to enhanced charges and penalties. Penalties for an Aggravated DUI in Utah are more severe and can include longer jail sentences, higher fines, and extended driver's license suspensions. It's important to note that refusing to submit to a chemical test when suspected of DUI can result in automatic license suspension under Utah's implied consent laws.