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 New Jersey, an Aggravated DUI/DWI, known as Driving While Intoxicated (DWI) with aggravating factors, can lead to more severe penalties than a standard DWI offense. Aggravating circumstances that can enhance a DWI charge in New Jersey include having a BAC of 0.10% or higher, causing an accident that results in injury or death, property damage, having a minor in the vehicle, excessive speeding, being under the legal drinking age, refusing to submit to a chemical test, and having prior DWI convictions. New Jersey law outlines these factors in its statutes, specifically within the state's Motor Vehicles and Traffic Regulation laws (Title 39). Penalties for an aggravated DWI can include increased fines, longer license suspension, mandatory use of an ignition interlock device, community service, and even imprisonment. The specific consequences depend on the nature of the aggravating factors and the driver's prior history with DWI offenses.