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 Vermont, an Aggravated DUI (Driving Under the Influence) is a more serious offense than a standard DUI, due to certain aggravating factors. Vermont law considers a DUI 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 factors include causing bodily injury to another person as a result of impaired driving, having a passenger under the age of 16 in the vehicle, or if the driver was previously convicted of DUI within the past 10 years. Penalties for an Aggravated DUI in Vermont are more severe and may include longer jail time, higher fines, longer license suspension periods, and mandatory participation in alcohol and driving education programs. Refusing to submit to a chemical test can also result in enhanced penalties and is a separate offense under Vermont's implied consent law. It's important to note that laws can change, and an attorney can provide the most current legal advice regarding DUI offenses in Vermont.