In the state of Pennsylvania, a DUI is considered a misdemeanor. It is, though, obviously, a criminal offense misdemeanor. It depends on whether it is an ungraded misdemeanor or a misdemeanor in the first degree. If it becomes an ungraded misdemeanor, which carries up to six months in jail, if it’s a first DUI or a second DUI in the first or second tier. However, if it’s the person’s second DUI and he’s in the highest tier, the third tier, it becomes a misdemeanor in the first degree, which is punishable up to 5 years in jail. On a second DUI, third tier, then it becomes a mandatory minimum of 90 days to 5 years in jail. So it is a misdemeanor in the first degree, which is very serious, and that is a serious criminal offense.