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 Washington State, an Aggravated DUI (Driving Under the Influence) is a more serious offense than a regular 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 that results in injury, death, or property damage, having a minor in the vehicle, speeding 20 mph or more over the limit, being under the legal drinking age of 21, refusing to submit to a chemical test, or having prior DUI convictions. Washington's DUI laws are codified in the Revised Code of Washington (RCW), particularly in Title 46, which covers motor vehicles. Aggravating circumstances can lead to enhanced penalties such as longer jail time, higher fines, longer license suspension, and the installation of an ignition interlock device. An attorney can provide specific guidance on how these factors may impact a DUI case in Washington.