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 Virginia, an Aggravated DUI (also referred to as DUI with aggravating circumstances) is a more serious offense than a standard DUI due to certain factors that enhance the severity of the crime. These aggravating circumstances can include having a BAC significantly above the .08% legal limit, causing an accident that results in injury, death, or property damage, having a minor in the vehicle, speeding excessively (20 mph or more over the limit), being underage and driving under the influence, refusing to take a chemical test, or having prior DUI convictions. Virginia law treats these factors as serious enhancements that can lead to increased penalties such as longer jail sentences, higher fines, and extended license suspensions. The specific statutes detailing DUI laws and penalties in Virginia can be found in the Virginia Code, particularly under the sections dealing with motor vehicles and crimes involving health and safety.