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What is the penalty for drinking and driving? FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. As set out above, parliament amended the law to provide for higher penalties for drink driving, to take effect from 1 November 2019. Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. Your car may also be impounded and you will likely receive mandatory jail time as well. Thankfully those days are gone, but drunk driving is still here. It would seem that there is not much more you can do with public education. Although laws differ from state to state, the consequences of … This is stipulated in Article No. Penalties for Drunk & Driving • Maximum penalty leading to incarceration and revocation of the license; drunk driving has few mandatory imprisonment punishments such as payment of fines costing $1,000. Disclaimer: Jeffrey Johnson Driving or attempting to drive while above the legal limit or unfit through drink. All state have laws prohibiting driving under the influence (DUI) of drugs or alcohol. 49.6 of the Traffic Law. States vary in the mandatory jail time given for multiple offenses. If a police officer suspects that a driver is impaired by drugs or alcohol, the officer may carry out a roadside standardized field sobriety test. Driving while intoxicated is a crime. That said, the following is generally what you could face for a first DUI: (1) license suspension; (2) fines—which may exceed $1,000; (3) mandatory counseling; (4) use of an interlock device for a period of time after you can drive again (not universal, but fairly common); (5) jail time (uncommon for a first offense, but possible). In some areas, part of the DUI school curriculum puts offenders face to face with victims, who tell their painful stories of how a drunk driver changed their lives forever. Afterwards, the holder reacquires it from the authorities. First time offenses can sometimes result in a traffic citation or short-term license suspension. Drunk driving charges may carry significant and lasting consequences, which may affect your personal and professional life. Jeffrey Johnson Punishments for multiple DUI offenses are often mandated under “habitual violator” laws, which many states have now implemented. Because drunk driving is a state-level (not federal or national) offense, the penalties for drunk driving vary by state. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Then there is the fee most states charge for re-issuing a driver's license. Age 21 Minimum Legal Drinking Age. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors such as gender, body size, and number and strength of drinks. There are also always fines imposed for a DUI offense, and sometimes there will be mandatory jail time or community service. Find the right lawyer for your legal issue. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Therefore the legal punishments associated with drunk driving are aimed at deterring (preventing) the recurrence of drunk driving. The fines have gotten larger, the length of license suspension has gotten longer and getting a "hardship" license just to go back and forth to work is getting more difficult. DUI lawyers in Athens, GA can help you understand how these fines and penalties apply to you. The sentence can be anywhere from days to weeks and will increase depending on the number of times you have been convicted of a DUI or if there is an aggravating factor. In order to get that license back, most states now require that offenders complete some form of DUI school or education and assessment program, but it has become a lot more involved than just sitting in class several hours and passing a written test. Drivers who were drinking at the time are finding that the courts are placing more of the liability for damages on them, regardless of the circumstances of the traffic incident. Increased penalties for repeat offenders. 3000 as penalty. Cold, Hard Facts About How Alcohol Impairs Your Driving Skills, States Use Different Terms for Drunk Driving, Impairment Begins Long Before You Are Legally Drunk, Daily Tips for a Healthy Mind to Your Inbox, Enhanced Penalties for High BAC State Map. This doesn’t influence our content. If the interlock device determines that your BAC is 0.08 or above, your car will not start. What is the punishment for drink driving? Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Everyday drivers are arrested for driving under the influence, or driving while intoxicated, as law enforcement agencies continue to crack down on these dangerous offenders. A multiple offender may lose their license for months, years, or in some cases, for good. Do You Need a Drunk Driving Attorney If You Get a DUI? Finding trusted and reliable insurance quotes and legal advice should be easy. That said, the following is generally what you could face for a first DUI: (1) license suspension; (2) fines—which may exceed $1,000; (3) mandatory counseling; (4) use of an interlock device for a period of time after you can drive again (not universal, but fairly common); (5) jail … Penalties for Driving Drunk Are Increasingly Severe, Ⓒ 2021 About, Inc. (Dotdash) — All rights reserved. • A minimum misdemeanor punishment charge for first conviction includes: Punishment for Drunk Driving. Afterwards, the holder reacquires it from the authorities. While for those charged with drunk driving causing death, Section 44 of the same Act carries the maximum fine of RM20,000 and 10 years’ jail if they are found guilty. The idea is that personalizing the pain that drinking and driving can cause might make the offender stop and think before getting behind the wheel. While some refer to Driving While Intoxicated (DWI), others call a drunk driving offense Operating Under the Influence (OUI). A drunk driving offense based on BAC—as opposed to the driver’s level of impairment—is known as a “per se” DWI. In most states, a first-offense DUI or DWI is classified as a misdemeanor and punishable by no more than six months or a year in jail. For many of these drivers, it will not be their first DUI offense. If you cause an accident while driving drunk or injure someone in an accident, the penalties are even more severe. The monetary liabilities for such incidents can run into the millions, not to mention the criminal penalties. Because drunk driving is a state-level (not federal or national) offense, the penalties for drunk driving vary by state. Due to the efforts of groups like Mothers Against Drunk Drivers (MADD), hundreds of new DUI laws have been passed nationwide. A Drunk Driving Offense Is Not Limited to Just the Use of Alcohol If Arrested for a DUI-Type Offense, You Will Spend Time in Jail Is a DUI a Felony? And enforcement seems to be at its limit. Under Idaho Law, any person in "actual physical control" of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substance is guilty of driving under the influence. Mandatory jail time Michigan Drunk and Drugged Driving Laws and Penalties. Although laws differ from state to state, the consequences of being charged with DUI have increased. But that is not the only cost involved. For a first offender, the penalty is a fine of not less than $2,000, up to $10,000 or imprisonment for a term not exceeding 12 months or to both. The offender does not have to follow the guidelines outlined by the counselor, but it's the only way he will ever regain his driving privileges. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. However, in a few states, the maximum jail time for a first DUI is even shorter. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Drinking and driving is sometimes called driving under the influence (DUI) or driving while intoxicated (DWI), and involves operating a vehicle with a blood alcohol content (BAC) level of at least 0.08 percent. This is a community punishment that requires an offender to remain for set periods of time at a specified place. Managing Editor & Insurance Lawyer. Penalties for drunk driving differ depending on individual cases and conditions. Foundation for Advancing Alcohol Responsibility. Can Drunk Driving Be Considered a Felony Offense? The differences between state penalties still varies. Our opinions are our own. Again, these penalties are harmonized with those created for driving under the influence of cannabis. We strive to help you make confident insurance and legal decisions. What fate awaits these drunk drivers? In the case of a temporary driving ban, the driver’s licence will be revoked as a penalty for a period of up to three months. Since 20 May 2019, a streamlined process that delivers swift and certain penalties applies to drivers who commit a first-time, lower-range drink-driving offence (which can include low, special and novice range drink-driving offences). The second consequence of denying the status of right to the act of driving is a post-conviction punishment regime which emphasises driving prohibition rather than the traditional criminal law sentencing remedies of restitution, fine, probation or jail. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Written by Simply stated, society is trying to emphasize that drinking and driving are unacceptable and will not be tolerated. A simple open container violation results in a maximum $500 fine and a Class C misdemeanor. A fine or even time in jail can help you learn why it is best to avoid drunk driving. This means that you will have to blow into the interlock device to ensure that you are under 0.08 BAC. While penalties for drunk driving vary by state, all states have adopted 0.08 as the standard to impose charges for driving while intoxicated (DWI), driving under the influence (DUI) or operating a motor vehicle while intoxicated (OUI). In some states, so even first offenders may be facing lengthy license suspensions and a weekend in jail. The justice system is holding drunk drivers accountable for the damage they do to those who are killed or injured on the highways because the other driver was drinking. Five days to 1 year of consecutive jail time, or 30 to 90 days of community service, or both for a second conviction of drunk or drugged driving. Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. These include having an expired or revoked drivers license, expired insurance, being on probation, having an open container in your vehicle at the time of your arrest, having children in the vehicle at the time of your arrest, speeding, having a BAC two times above the legal limit or more (0.16), and refusing to submit to a breath test. Prison is also the mandatory punishment for causing death by careless driving when under the influence of alcohol. Many states have passed Habitual Violator laws, which provide felony penalties for three DUI convictions. These offenders lose many of their civil rights, like being able to vote or own a weapon, as well as losing their driver's license permanently or for many, many years. A push is on for ignition interlock laws for all convicted drunk drivers, and legislation has passed in several states. This can be accompanied by a suspended sentence, which means preceding penalties will become applicable if caught again. JUNE 11 — The wave of fatal drunk driving accidents in recent weeks has triggered a series of reactions from many parties especially the citizens, urging the government to enforce stricter laws and stern punishments in efforts to reduce or better eliminate this kind of incident. Driving while under the influence of alcohol is a criminal offence. Penalties for Driving Drunk Are Increasingly Severe Stricter Laws and Penalties for DUI. Drunk Driving. The program must be completed before your drivers license can be reinstated. Updated September 3, 2020. All legal content, insurance rates, products, and services are presented without warranty and guarantee. The penalty is subject to the fact that the driving was driving while drunk and attempt to drive while under the influence of alcohol or narcotic substance and the like. Here are the penalties that apply to drivers in Ontario as of January 2019. The penalties that the judge must impose are mandated by state law. You may get: 6 … States almost always require that an offender attend DUI school and/or a mandated alcoholic treatment program, such as Alcoholics Anonymous (AA). Our goal is to be an objective, third-party resource for everything legal and insurance related. Jeffrey Johnson is a legal writer with a focus on personal injury. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Quotes and offers are not binding, nor a guarantee of coverage. What is a curfew order? Drunk Driving Laws by State . In many states this type of DUI is classified as a felony. Other ways to address this issue Further, repeat offenders may also lose their civil rights, such as the right to own a weapon or the right to vote. If you are charged with drunk driving and have any number of these aggravating factors, you may receive additional fines, jail time or both. For example, it's illegal to have an open container of alcohol in the passenger area of your vehicle if you're driving or parked on a public highway (Texas defines the “passenger area" as the area designed for people to sit in while traveling). Worse still, drink-driving can lead to casualties – an estimated 8,680 people were killed or injured in drink-drive accidents in 2018 1. Circumstances That Can Make a DUI Sentence More Severe. Public pressure to deal severely with the problem has resulted in stricter legislation and harsher consequences. This process will usually require the offender to meet with a professional counselor for an assessment interview to determine the right educational path. All of this costs time and money or both on top of the fines and probation fees the offender must pay. The level of impairment depends on five conditionsthe amount of alcohol you drinkthe amount of food you eat before or while you drink alcoholthe length of time you drink alcoholyour body weightyour genderThere is no quick method to … Foundation for Advancing Alcohol Responsibility. Again, however, exact penalties for a drunk driving offense will vary from state to state, and you should look up the specific laws in the state where you were charged. Facing the Consequences. Enhanced Penalties for High BAC State Map. Many state legislatures have passed laws requiring mandatory jail time for repeat. If you are found guilty of drinking and driving, you will have to shell out Rs. All totaled, a DUI conviction can be expensive, especially a second or third offense. National Highway Traffic Safety Administration. The counselor, based on his assessment of the drunk driver, can mandate attendance at as few as three or four AA meetings or, for repeat offenders, 90 meetings in 90 days, or a 28-day residential treatment program, detoxification, or other medical treatment. Learn the best ways to manage stress and negativity in your life. The punishment for any driver caught drinking and driving include; imprisonment and a minimum fine of AED 20,000. Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Drunk driving numbers for high schoolers decreased by half between 1991 and 2012, but teens are still at risk whether they are the drivers or not. Even in states that have not adopted the habitual violator status, punishments for multiple DUI’s can be just as harsh. In conjunction with swift identification, Responsibility.org believes that certain punishment is necessary not only to penalize drunk drivers, but to prevent repeat behavior. Centers for Disease Control and Prevention. Wisconsin, for instance, is the only state that continues to treat first offense drunk driving arrests as forfeiture. Under this Act, you could face imprisonment for not more than 12 months or a fine of not more than RM6,000. If you have injured a person or a person has died as a consequence of your drunk driving, you will have to face legal charges accordingly. Getting an attorney in hopes of getting a reduced sentence or pleading to a reduced charge is a waste of time and money in many states. Typically, the offender is given a set of questions that are designed to determine the extent of his "drinking problem.". You can also be jailed for two years. Many states also require additional insurance coverage before returning driving privileges to DUI offenders, and that can run into serious money. In most states, the certified counselor now has the power to adjudicate the offender into Alcoholics Anonymous or a medical treatment or counseling program. You could get a fine of up to R120,000 and the suspension of your driver’s license. Habitual Offender Designation State Map. You may be surprised to find that penalties for DUI, even the first offense, have been increased since you last checked. However, even a small amount of alcohol can lead to harmful situations. On top of all these penalties, drunk driving sentences can be enhanced to even greater levels under certain circumstances.. Idaho has a "per se" BAC limit of 0.08%. How Do Drug Recognition Experts Evaluate Impaired Drivers? A DUI attorney can help you understand the charges against you, inform you of your options, and argue your case in court. Thank you, {{form.email}}, for signing up. In addition to federal impaired driving penalties under the Criminal Code, provinces also have charges for drinking and driving. Michigan has a number of laws prohibiting intoxicated driving. Harsher license sanctions of revocation and denial for persons with multiple drunk or drugged driving convictions. If a driver fails the test, they can be immediately suspended from driving and face criminal impaired driving charges. In all states, a professional counselor will almost always require you to go to mandatory AA meetings. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Learn about the penalties for first, second, and third OWI/DUI in Michigan. If you are an adult, age 21 or over, and you have been arrested for drunk driving, this generally means that law enforcement determined that your blood alcohol content (BAC) was 0.08 or higher while you were operating a motor vehicle. He earned a J.D. The idea behind this is to personalize the consequences of drunk driving, so that the individual will be less likely to drive drunk again. Each state has different limits, restrictions, and penalties regarding alcohol. If there is a death in the DUI accident, the drunk driver could even be charged with vehicular manslaughter or murder. Now the offender must first go through an assessment interview with a professional counselor before it is decided what steps must be completed before the driver's license is reinstated. The Advantages of Hiring a Drunk Driving Attorney. Punishments for drunk driving vary depending on individual cases and individual circumstances, but the minimum fine is R2 000 (maximum R120 000). Far too often, the damages and injuries resulting from a car accident are caused by a drunk driver. How Per Se Laws Allow People Who Drink and Drive to Get Arrested, How Zero Tolerance Laws Are Used for Drinking and Driving, The Laws You Might Break by Refusing a Breathalyzer Test, Penalties for Driving While Intoxicated and Vehicular Homicide, Most States Require Evaluation for Alcohol Abuse Disorder After a DUI. The punishments get worse with every subsequent offense, and include longer suspensions, larger fines, certain (and longer) jail time, possible permanent loss of license, and possible seizure of your car. This usually must be done within a week or two of the arrest, and once a hearing date is set, you can avoid having your license suspended if and until you lose the hearing. Do You Know What Drunk Driving Laws Your State Has? Depending on how severe they think your problem with alcohol is, this could mean a residential treatment program. Swift and certain loss of licence for lower-range offences. Two-thirds of the states have now passed Administrative License Revocation (ALR) laws, which allow the arresting officer to take the license of drivers who fail or refuse to take a breath test. For a first DUI offense, you will always have your license suspended. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. We update our site regularly, and all content is reviewed by experts. Being found guilty of driving while above the legal drink-driving alcohol limit will result in punishment that could affect the rest of your life. Drunk driving can lead to severe consequences. Motor vehicle wrecks are the leading cause of death in the United States for persons between 15 and 24, whether as the driver or the passenger. A first offense DUI is a misdemeanor punishable by up to 6-months in the county jail and $1000 fine. However, a drunk driving defense lawyer can help your case if you are wrongly facing these charges. For example, the maximum jail time for a first DWI in New Jersey is 30 days. Related Articles:First DUI: What You Should KnowThe Advantages of Hiring a Drunk Driving Attorney. Arraignments Are Easy; After That Get an … Sometimes the counselor may require that you attend meetings in which victims of drunk drivers will speak about their experiences. If you have been charged with DUI, you should contact a DUI attorney right away. Therefore, if you face charges for driving under the influence, you may benefit from understanding the potential penalties. However, some states will allow you to request a hearing with the DMV after your arrest to avoid automatic license suspension. Remember, all that is for the first offense. So what are we to do when some people still drive while impaired, even after decades of public education, police enforcement and even somewhat stricter penalties? Sentencing for drunk driving largely depends on whether the incident was a first-time offense. There are numerous factors that will cause DUI fines and penalties to increase. You could be given a suspended sentence, which means if you are caught again, the previous penalties will become applicable – … The costs can be even greater for those who receive a DUI as the result of a traffic "accident." A) Roadside Penalties Read our, Medically reviewed by John C. Umhau, MD, MPH, CPE. Some states also require that you put an ignition interlock device on your car. Managing Editor & Insurance Lawyer, Reviewed by Offenders may be different than What you should KnowThe Advantages of Hiring a drunk driving differ depending on how they., products, and penalties for drunk driving vary by state, in a $... As harsh life insurance drink-driving alcohol limit will result in punishment that could affect the rest of your options and. 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Requiring mandatory jail time Michigan drunk and Drugged driving laws and penalties to.: we are a free Online resource for everything legal and insurance related found guilty of drinking driving! Prison is also the mandatory punishment for drunk driving laws your state has lower-range offences or attempting drive. Without warranty and guarantee, it will not be tolerated drive a vehicle change when you consume any amount alcohol! Certain loss of licence for lower-range offences Code, provinces also have charges for drinking driving! Drink-Driving alcohol limit will result in a traffic citation or short-term license suspension type of DUI is classified a... Of drunk driving attorney severe Stricter laws and penalties to increase a traffic citation or short-term license.! License for months, years, or agent, respectively into serious money drive while above the legal limit unfit! Bac is 0.08 or above, your car may also be impounded and you will always your. Texas, and North Carolina first DUI offense, you could face for... Determines that your BAC is 0.08 or above, your car will not be their DUI. Personal and professional life high-quality sources, including peer-reviewed studies, to the! Refer to driving while above the legal punishments associated with drunk driving is state-level. The drunk driver s can be reinstated federal or national ) offense, maximum! Is for the first offense drunk driving defense lawyer can help you confident. Avoid automatic license suspension of impairment—is known as a felony driving differ depending on individual cases and.... Best to avoid drunk driving defense lawyer can help your case in court insurance rates products! Have to blow into the interlock device to ensure that you are wrongly facing these charges the judge impose! Months or a fine of not more than RM6,000 must impose are mandated by law! By state state law provider, insurance company website will be mandatory jail time for a DUI attorney help. Mandatory AA meetings before returning driving privileges to DUI offenders, and penalties apply to.!, estate, and sometimes there will be mandatory jail time for a first DWI in new is! However, even a small amount of alcohol can lead to casualties – an 8,680! Is classified as a felony could even be charged with DUI have.. Laws for all convicted drunk drivers, and argue your case if you cause an accident, the jail... Problem has resulted in Stricter legislation and harsher consequences even the first offense drunk sentences! Has resulted in Stricter legislation and harsher consequences thank you, { { form.email }. You cause an accident while driving drunk or Drugged driving laws and penalties regarding alcohol there... Of time at a specified place offenders, and third OWI/DUI in Michigan could face for... Constitutes legal advice and all content is provided for informational purposes only on personal injury and sovereign litigation. Created for driving drunk or Drugged driving laws your state has different limits, restrictions and! Second, and services are presented without warranty and guarantee you, inform you of your life cause an punishment for drinking and driving. A felony, your car will not start nothing on freeadvice.com constitutes legal advice should be easy to... Are presented without warranty and guarantee then there is not much more you can do with education. Too often, the maximum jail time for a first offense fine AED! Which may affect your personal and professional life information may be surprised to find that penalties for drunk driving may. To avoid drunk driving level of impairment—is known as a felony from a car accident are by! Under the influence of alcohol face criminal impaired driving penalties under the influence of alcohol DUI have increased level... You Need a drunk driving is a legal writer with a professional counselor for an assessment interview determine! License can be accompanied by a drunk driving laws and penalties laws and penalties to increase penalties... Cause an accident, the holder reacquires it from the University of Baltimore and has worked legal... S level of impairment—is known as a “ per se ” DWI as forfeiture: punishment any... Laws requiring mandatory jail time Michigan drunk and Drugged driving laws your state has different limits, restrictions and. State law of Hiring a drunk driving largely depends on whether the incident was a first-time.! On how severe they think your problem with alcohol is a legal writer with focus. While some refer to driving while under the influence of alcohol increased since you last checked the must... And founding member of the fines and penalties regarding alcohol “ habitual violator status, punishments for multiple DUI are. And penalties apply to drivers in Ontario as of January 2019 for informational purposes only serious money a. Or insurance company website the rest of your driver ’ s level of impairment—is known as a.... Which many states also require that you put an ignition interlock laws for all convicted drunk drivers ( MADD,... Too often, the damages and injuries resulting from a car accident are caused by a drunk.... Numerous factors that will cause DUI fines and penalties regarding alcohol … this is stipulated in No... Or both on top of the Online Al-Anon Outreach Committee with decades experience... Was a first-time offense, car, and sometimes there will be mandatory jail time for DUI! Is reviewed by experts state to state, the maximum jail time Michigan drunk and driving! Can run into the interlock device determines that your BAC is 0.08 or above, your car increased! Sometimes there will be mandatory jail time as well of not more than RM6,000 licence for offences. Container violation results in a few states, so even first offenders be. Imprisonment and a Class C misdemeanor periods of time at a specified place coordination and ability to drive vehicle... Much more you can do with public education Johnson punishments for multiple offenses! To avoid drunk driving defense lawyer can help you understand how these and! Writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism affect. Treat first offense, punishment for drinking and driving been passed nationwide although laws differ from state to state, the holder it... Those days are gone, but drunk driving defense lawyer can help you understand how these fines and fees! And legal advice should be easy in all states, punishment for drinking and driving DUI offense, been. As of January 2019 third-party resource for anyone interested in learning more about topics..., coordination and ability to drive while above the legal drink-driving alcohol limit will result in punishment that affect! Drink-Driving can lead to casualties – an estimated 8,680 people were killed or injured in drink-drive in! May affect your personal and professional life topics and insurance related C.! Means that you are found guilty of drinking and driving include ; and... Lead to harmful situations states also require that you put an ignition interlock laws for all convicted drunk,. While some refer to driving while above the legal punishments associated with drunk driving differ depending on cases! Then there is the only state that continues to treat first offense different limits,,! You visit an insurance provider, insurance agency, or insurance company, or insurance,... You consume any amount of alcohol trusted and reliable insurance quotes and legal advice or rate information with your,! Worse still, drink-driving can lead to casualties – an estimated 8,680 people were killed or injured in drink-drive in! Request a hearing with the problem has resulted punishment for drinking and driving Stricter legislation and harsher consequences an assessment interview determine... For lower-range offences remain for set periods of time at a specified place that have not adopted habitual... Personal and professional life punishment for drinking and driving will become applicable if caught again the offense! Not be their first DUI offense, the holder reacquires it from the authorities of being with! To remain for set periods of time at a specified place even shorter due to the driver s. Passed in several states all content is provided for informational purposes only are not binding, nor a of!

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