An aggravated DUI (also known as an aggravated DWI) is the offense of driving under the influence of alcohol with extenuating circumstances. These circumstances can include damage to private property as a result of a drunk driving accident, drunk driving causing death, driving drunk with a child in the car, or being extremely over the bloood alcohol content limit. An aggravated DUI is a felony offense. It results in a more serious sentence which is usually custodial in nature.
An aggravated DUI is placed on a person to differentiate between the severity of the offense as opposed to what we think of as a DUI. Whenever damage is done or could have potentially been done (such as having young children in the car) the offense will always be considered more severe. Although a high blood alcohol content will result in an aggravated DUI charge, the BAC level does not need to be significantly over the legal limit for the charge to be made if other factors are present.