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 Wisconsin, the offense of operating while intoxicated (OWI) can be elevated to an Aggravated OWI when certain aggravating factors are present. These factors include having a BAC significantly higher than the state's legal limit of 0.08%, causing injury or death during the incident, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing to submit to chemical testing, or having prior OWI convictions. Wisconsin law specifies increased penalties for aggravated circumstances, which can include higher fines, longer jail sentences, extended driver's license revocation, mandatory ignition interlock device installation, and alcohol or drug counseling. The specific statutes detailing these offenses and penalties can be found in the Wisconsin Statutes, particularly under Chapter 346 which governs the rules of the road, and Chapter 343 which pertains to drivers' licenses and vehicle registration.