what is the punishment for 2nd dui in california
This policy is carried out by the state Department of Motor Vehicles (DMV) and is known as admin per se suspension. Penalties for a second DUI in California also include three to five years of probation, an 18-month DUI school, and a two-year license suspension. Can You Refuse a DUI Checkpoint in California? 1 st offense. 180 days in county jail, 16-months, 2 or 3 years in state prison. Consent is not a requirement of purchase. California DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent "Per Se" BAC Limit: 0.08 Percent: Zero Tolerance (Underage) BAC Limit: 0.02 Percent: Enhanced Penalty (Aggravated) BAC Limit: 0.16 Percent: Implied Consent. The consequences of a second DUI can include fines, loss of driving privileges, mandatory attendance of substance abuse classes, probation, jail time or even incarceration in state prison, depending on the circumstances. And a DUI stays on your driving record for 10 years, carrying 2 points. The consequences for a second DUI in California can include fines, loss of driving privileges, and jail or prison time, depending on the circumstances. Any substance can count as a DUI if it affects your driving. Get the compensation you deserve. By clicking "Get Help Now" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone, email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. 3. Among the most serious is additional license suspension. We also have a guide for parents here. A 2nd Offense DUI in California carries with it Mandatory jail time and increased license suspensions. The penalties are even greater for a third offense (when compared to a first or second offense) and continue to increase with each subsequent offense. But admin per se suspension is just one of consequences you face. Besides criminal penalties, DUI also carry long term costs. If your BAC was 0.08-0.09% and this is your first offense, you may not face jail time. However, if your BAC was 0.10% or higher, or if you have a prior DUI conviction, you could be looking at serving 48 hours to five years in jail. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. First Offense Extreme DUI – BAC Level 0.15% Or More. If you are arrested for DUI and you carry a CDL, you are in danger of losing your career. The penalties for a second DUI include: summary probation for up to five years; at least 96 hours in county jail, but jail sentences up to a year; a fine of between $390 and $1,000; mandatory attendance at a court-approved DUI school for a period of either 18 months or 30 months; and either a two-year license suspension or one year of driving with an ignition interlock device. 2. You should read our complete guide to DUI for minors. With the exception of license suspension, all of the penalties above can be avoided if you get your DUI charge dropped or dismissed, or even reduced to a lesser charge. Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) 6 months, 2 … It is also a misdemeanor as long as no one else gets seriously hurt. If you acquire enough points you could be declared a habitual traffic offender. It is also likely that the convicted driver will have to pay other costs, like the cost of having the car towed after arrest, the cost of a DUI defense attorney and additional insurance premiums. The following subsections set out the blood alcohol content (BAC) rules. An additional, consecutive prison sentence of up to six years can be ordered if multiple people were injured severely. License Suspensions for a California DUI. Can you get a DUI on prescription or over the counter drugs? The fine is between $390 and $1,000 and … However, jail time can sometimes be served on house arrest or through jail-alternative work programs. The BAC testing laws make proving a DUI easier. The most basic involve having a blood alcohol concentration (BAC) level over the legal limit. Once the driver goes to trial and is convicted, they face additional penalties. Second offense in a 10-year period: Permanent revocation of your CDL. Possible installation of an ignition interlock device on your vehicle, Mandatory installation of an ignition interlock device on your vehicle, Up to 1 year in jail or up to 16 months in. Even the license suspension can be fought and potentially avoided if you move quickly. You could have multiple charges stacked against you for a single DUI. The 2nd Offense DUI will also differ depending on which county the 2nd Offense DUI happened in. Most DUIs are charged as misdemeanors, a less serious category of crime than felonies. Second time DUI cases have mandatory jail time. The process. In California, a DUI conviction will … The sentencing guidelines are as follows: 6 months. But unlike first offenses, second-time offenses carry some mandatory jail time because of the prior conviction. What Is The Illegal BAC For Driving Under 21? Third-Offense DUI in California: Drunk Driving Laws & Consequences, First-Offense DUI in California: What to Expect & Penalties, When Is a DUI Charged as a Felony in California: Laws & Penalties, California DUI Laws: What to Expect, Penalties & Laws. We’ve brought together all the major penalties below, so that you get a comprehensive look at the cost of DUI in Los Angeles—and how to fight it. If the test establishes a BAC above the legal limits, the driver is in violation of the statute as a matter of law without further proof. to Submit to BAC Test? A second DUI conviction is a misdemeanor in California. Read More: Third-Offense DUI in California: Drunk Driving Laws & Consequences. What is the Punishment for a Second Offense Misdemeanor California DUI? A driver in this situation might consider bringing in a defense attorney to prepare a DUI defense. Read More: California DUI Laws: What to Expect, Penalties & Laws. My 1st charge was in March 2010 ( 8 years ago, few months shy of 9 years) for wet reckless and I was 20 at the time. It can be either: You can request the type of test you prefer but if it’s not available you must take the one that is. We've helped 175 clients find Attorneys today. Your punishment won't be altered. They would also be required to pay … What Are the Consequences of a Violation of the Brady Rule? Some circumstances will increase the penalties for a DUI conviction, regardless of whether the driver has prior DUIs. The legal process for a second DUI typically ranges from 5 to 12 months. This article addresses the penalties for a first DUI in California, but the penalties might differ for DUIs on bikes and scooters. from U.C. For example, your car insurance costs will go up. This is called an admin per se license suspension. All California drivers who are convicted of a DUI face license suspension. The standard second offense DUI punishment under the Nevada DUI statute NRS 484C.400 includes: The consequences of a second California drunk driving conviction within ten years include 8: Three to five years of summary probation, 9; A minimum of 96 hours to a maximum of one year in county jail, Between $390-$1,000 in fines, California has a Zero Tolerance Policy toward underage drinking and driving. Previous possession as a minor won't matter. Administrative Penalties. The exact penalties depend on your BAC and other factors. Additional penalties include license suspension and ignition interlock devices. A misdemeanor DUI with injuries results in at least five days in county jail and up to a year. The vast majority of DUI arrests are alcohol-related, and California laws set out several ways the state can prove their case. In California, it is illegal to drive under the influence of alcohol or any other substance that impairs the ability to operate a motor vehicle. If someone is killed, manslaughter or homicide charges can also be filed. A commercial driver with a second DUI conviction faces permanent revocation of their commercial driving license. Spengler splits her time between the French Basque Country and Northern California. Why Would a Case Be Dismissed without Prejudice? You will get a FREE consultation to discuss your case—and learn how to fight it. The consequences for a second DUI in California, misdemeanor, include court fines of approximately $1800 to $2700, 3 to 5 years probation, either formal or informal, 96 hours to 1 year county jail, 90 days to 2 years suspension of your drivers license, community service, 18 month alcohol program, possible MADD Panel, possible HAMM program, possible community service and inpatient or out patient … DUIs in California are “priorable," which means that a driver arrested for a DUI will face tougher penalties if they have prior DUI convictions on their record in the past decade than for a first offense. Please leave this field empty.By clicking "Get Help Now" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone, email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. The basic state laws that make driving under the influence illegal are set out in California Vehicle Code Section 23152. The penalties for a second-time DUI apply to the second DUI conviction within a 10-year period. Anyone caught driving a motor vehicle with a blood alcohol level of 0.15% or higher in Arizona is charged with an Extreme DUI. Under California law, if you are arrested for DUI you are required to submit to a chemical test. The most common DUI punishment by state for a 1 st offense is either up to one year or up to six months. Let us connect you with an experienced Los Angeles DUI attorney. Fines. Whether you go to jail for your DUI arrest depends on 1) your BAC level, 2) if you have any priors, and 2) if you’re actually convicted. The penalties for a DUI in California vary based on the circumstances of the case. A conviction for driving under the influence carries considerable penalties in California. Consent is not a requirement of purchase. You may have trouble applying for jobs, getting into schools, or qualifying for financial aid. The car will operate only if the driver's breath tests clear of alcohol. For example, Orange County and LA County will treat their second time DUI very differently. Other subsections make it illegal to drive a commercial vehicle or carry a paying passenger with a BAC of 0.40 or greater. There are exceptions, but not many. What this means legally is murky. For example, in California, the suspension period for a first DUI conviction is six months, second DUI conviction is two years, and third DUI conviction is three years. Probation typically lasts around 4 years. Minimum and Maximum Penalties for a First DUI Conviction. If it can be proven that you were “under the influence”—impaired—by a substance, then the exact BAC does not matter. California has chosen to take a particularly strong stance on DUIs. Were you a client? I know I'm a total piece of shit. It is called a wobbler offense, meaning the state can charge the DUI as a misdemeanor or a felony, the more serious type of crime in California. Criminal Penalties For a Fourth DUI In California. In California, driving under the influence (DUI) is a "priorable" offense. DUI for Commercial Drivers. Actual amounts may vary by county. An officer will confiscate your driver’s license and your suspension will go into effect within 30 days. If more than 10 years have passed since the date of the first DUI, a second DUI is treated as a first offense under California law. When a California felony DUI stems from having multiple prior DUI convictions, the punishment varies from case-to-case depending on (1) the facts of your specific case, (2) the level of your BAC and any additional aggravating factors, (3) how many prior DUI convictions you have, and (4) when you suffered those prior convictions. $100 fine. Berkeley's Boalt Hall. This means that the first DUI penalty starts as soon as you are arrested, before you’ve had any chance to defend yourself. The court can also order the driver to install a small breathalyzer device in their vehicle called an ignition interlock device, or IID. Common aggravating factors include DUI driving at an excessive speed or with an extremely high BAC, causing an accident or refusing to submit to a chemical test to determine blood alcohol level. Stop the automatic suspension of your driver's license. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. If a driver is stopped for a DUI and has a child under the age of 14 in the car, this can serve as an aggravating factor or lead to a criminal child endangerment charge. But the state can opt to charge a driver with a felony DUI if they have a large number of prior DUI offenses in the past 10 years or if their driving caused injury or death to another person. What are penalties for 2nd-time DUI? Probation for 3-5 years ; Attendance at DUI classes for 30-months; Probable additional treatment such as an alcohol addiction program; Drivers License Penalties For A Fourth DUI. For this purpose, any DUI in the last 10 years will count against you. The amount of time is dependent on a number of factors, including your BAC and the time period between the first and second DUI. The most serious DUI charge you can face is DUI murder. However, the law provides ranges of allowable penalties that are, for the most part, dependent on how many prior convictions the defendant has. If you sustain a wet reckless conviction, and get charged with a subsequent DUI during the following 10 years, courts treat the new DUI charge as a second offense when imposing DUI penalties in California. States like Alabama, Arkansas, and Colorado have these typical penalties. Subsection (a) of California Vehicle Code Section 23153 makes it illegal for a person to drive under the influence of alcohol. A good Los Angeles DUI lawyer can help you fight your charge, request a DMV hearing, and in many cases walk away cleared of all charges. (Page 1 of 2) Jail. The convicted motorist faces the following penalties. These can include additional restricted license terms or more suspension time; fines; court assessment payments; restitution payments; probation; time in county jail or even state prison, in certain cases. Costs for a second DUI typically range from $5,000 to $10,000. The Department of Motor Vehicles (DMV) imposes a license suspension within 30 days after the arrest unless the driver asks for a hearing. The Gist of this Article: The statutory minimum punishment for a second-time DUI as a misdemeanor, is service of 96 hours in county jail, three years of informal (or summary) probation, enrollment in and completion of an 18-month SB38 alcohol awareness (outpatient) program, loss of one’s driving privileges for two years and payment of a court fine of $390, plus penalties and assessments. You will face tougher penalties if: All of these situations are very serious and you should seek legal help immediately. The Typical Outcome of a 2nd Time DUI Charge in California The most common thing that happens to someone who is convicted of a second time DUI is that they are placed on probation. Legal prescription drugs, like painkillers, Legal over-the-counter drugs, like cold medicine, Unofficial penalties, such as higher insurance costs. How Much Does It Cost to Have a Breathalyzer Installed in My Car in California? The legal process for a second DUI typically ranges from 5 to 12 months. Anyone driving in California should have a basic understanding of the consequences of a second DUI conviction and consider consulting a DUI lawyer if the situation arises. A second DWI conviction normally carries a fine of $500 to $2,500, a $50 trauma fund fee, and a $250 to $300 treatment fee. 2 years. Those include: Possible jail time is increased to a minimum of 96 hours in the county jail but no more than one year. DUI in California is “priorable.” That means you will face tougher penalties if you already have prior DUIs on your record. However, under subsection (b), it is illegal to drive with a BAC of 0.08 percent or greater. The fines for a second DUI are the same as those for a first offense: $390 to $1,000 plus penalty assessments. Anyone convicted of a DUI can lose their driver's license and the right to drive even before they are found guilty. If you are arrested for DUI and you carry a CDL, you are in danger of losing your career. A fine between $390 and $1,000 4. That means that the penalties for a second DUI are more serious than for an initial conviction, and they increase in severity with each subsequent offense. This isn’t always the case. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Vermont is the only state where your first DUI can get you up to two years in jail. All of the penalties above assume that you had a “normal” DUI where no one was hurt and nothing serious happened. In addition to the normal penalties above, you face tougher license suspension penalties: First offense: 1 year suspension. They include a term of incarceration in a California state prison for at least 16 months to 10 years. This is not always easy. According to California law, your second DUI offense is punishable by three to five years of summary probation, up to 30 months of DUI school, fines and penalties assessments from $390 to $2,000, and no less than 96 hours in jail. The limits in California break into four categories: However, you can be convicted of DUI even if you are not above the legal limit or if your BAC has not been assessed. Separate from the DMV's determination are any criminal charges; in conjunction with sentencing the presiding judge will determine any restriction, revocation, or restoration of the accused driving privileges. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. She holds both an M.A. Here are the specific penalties for a first, second, third or fourth (or subsequent) DUI within a 10 year periods. For a felony DUI with injuries, the penalties increase dramatically. 2nd DUI in California 28M. There are several ways you can be convicted of DUI. Read More: California DUI Law: What Are the Penalties & Fines? Yes California DUI Laws: Select Penalties. Many California counties have a policy of jailing first time DUI offenders for 48-hours, but others may only impose probation and community service in lieu of jail time. This includes drugs and medicine, such as: DUIs carry a variety of penalties depending on the specifics of what happened, whether you refused a chemical test, and your age. In addition to the normal penalties above, you face tougher license suspension penalties: You should read our complete guide for commercial drivers. Home » Resources » DUI Strategies » California DUI Penalties. A first offense Extreme DUI / Driving under the influence charge in Arizona is considered a Class 1 misdemeanor. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Your BAC was not high so that is not an aggravating factor. The court will add an additional $500 to $1,000 if a juvenile passenger was present during the second offense. You can learn more about refusal here. © 2021 LosAngelesDUIAttorney.com, All Rights Reserved. 2. Since 2011, the state has a policy of suspending the driver’s license of anyone suspected of driving under the influence. (The administrative and criminal suspension periods are allowed to overlap, so the total suspension time won’t exceed two years.) Vehicle Code section 23540 lays out certain mandatory penalties for a 2nd time DUI in California. BAC testing laws make proving a DUI easier. “Refusal” carries an extra one year, two years, or three years of license suspension depending on whether it’s your first, second or third offense. If you have a second time DUI charge pending, you need to know what to expect from the courts on a 2nd DUI. Please leave us a review here. California DUI Laws - Harder penalties for a drunk driving conviction known as enhancements - these include refusal to chemical testing, high BAC, reckless driving, child endangerment or accident. Another consequence is being ordered to attend what is commonly called DUI school, a lengthy educational program about substance abuse and safe driving that the driver must pay for. Don’t wait until it’s too late. Recency of Last DUI. Second offenders face 96 hours to one year in jail. Suspension Period. 3 rd offense. In California a 2nd DUI carries a mandatory jail sentence. If someone is injured or killed as a consequence of a driver's DUI, it is a separate crime under California Vehicle Code Section 23153. DUI doesn’t just refer to alcohol. (With Chart). The possible suspension periods for a first, second, and third DUI are as follows. If you are charged with DUI and there is no bodily injury or death that resulted from your DUI the minimum penalties include: Fines – Fines for a DUI can exceed $1,000.00 in total when you factor in the fine, penalty and DUI assessments. If you are not of legal drinking age your DUI is known as an “underage” DUI. DUIs are priorable offences so the penalties for a second DUI will be harsher than for a first DUI. For a misdemeanor 2nd DUI California consequences and penalties are as follows: Fines and fees: A 2nd DUI in California carries $390 to $1,000 in fines plus a number of penalty assessments that can raise the total up to $4,000. License suspension of 4 months or longer. 2 nd offense. DUI murder implies that you set out driving drunk with a conscious disregard for human life. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense. Ca. Fill out the form to the right or call (310) 862-0199 and get your free consultation today. A horrible older brother to my sister and son to my mom. Under this provision, the state has the burden of proving that the person's driving was impaired beyond a reasonable doubt. California DUI Law: What Are the Penalties & Fines? The first subsection of that statute makes it illegal for a person to drive a vehicle in the state under the influence of alcohol. This is called a DUI per se, meaning by operation of law. In either event, the penalties are greater than for a regular second DUI, and a felony DUI with injuries carries much greater penalties. Pursuant to California Vehicle Code 23103.5, a wet reckless is a reckless driving that functions as a prior DUI on your record. California’s DUI Murder Law. The fact that you have a good job is also another positive factor for you. The severity of the additional penalty depends on the facts of the case and the driver's prior criminal record, but any one of these factors can increase incarceration time. Penalties can also increase for a DUI if the drunk driving caused injury to another person. A driver's unlawful refusal to take a blood, breath, or urine test can also result in a license suspension. Wisconsin and New Hampshire don’t have any jail time penalties for drunk driving. At the DMV hearing, the driver must convince the DMV not to suspend. The fine and DUI school time will likely be greater, and restitution to all parties can be required. (With Chart), tougher penalties if they have prior DUI convictions, Los Angles DUI Lawyer: California DUI Penalties, DUI: California Drunk Driving Laws, Penalties, and Consequences. License: Criminal courts impose a 2 year suspension for 2nd offense DUI in California. This means that any amount of alcohol (or other intoxicant) in your system is enough to convict you. You could also face penalties for carrying alcohol illegally in your vehicle, which carries a $1,000 fine and one year license suspension on its own. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. You also should know the DMV punishment for second time DUIs. If you refused testing, you likely face at least 2-4 days in jail. A driver stopped for a DUI is required by law to submit to a chemical test such as a blood, breath or urine test. And, you should know what you can do to help your situation. In California, a DUI conviction will stay on your record and count as a prior conviction for ten years. (Read more about California DUI law and penalties and the consequences of a second and third offense.) Attorney's fees for a DUI case typically from $2,000 to $6,000. Teo Spengler earned a J.D. Refusing the test carries penalties of its own. These are particularly important to the prosecution of DUI cases since they set blood alcohol content limits that, if exceeded, establish as a matter of law that the person is under the influence of alcohol. , a DUI if the driver must convince the DMV punishment for second time DUIs prison. Dui for minors a habitual traffic offender DUI law: what to expect, penalties & laws ( read:! ’ t have any jail time penalties for a 1 st offense is either to...: criminal courts impose a 2 year suspension for 2nd offense DUI will also differ depending on which county 2nd! Michelle Seidel, B.Sc., LL.B., MBA: 1 year suspension, then the exact does! A 2nd DUI in the state can prove their case 12 months and LA county will treat second. A good job is also another positive factor for you ) is a misdemeanor DUI with injuries, the increase... You will face tougher penalties if you move quickly most DUIs are offences... For human life of 2 ) criminal penalties for a DUI charge pending, should! 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Right to drive a commercial driver with a blood alcohol concentration ( )... Having a blood alcohol concentration ( BAC ) level over the legal limit Hampshire don ’ wait... A total piece of what is the punishment for 2nd dui in california financial aid to my mom an Extreme DUI – level... Else gets seriously hurt through jail-alternative work programs under subsection ( a ) of California vehicle Code 23153! Experienced Los Angeles DUI attorney you carry a CDL, you face results in at least 2-4 days county. Of whether the driver to install a small breathalyzer device in their vehicle called an admin per license. Under the influence charge in Arizona is charged with an experienced Los Angeles DUI attorney incarceration in license. Penalties, such as higher insurance costs will go up as no one was hurt nothing... And Northern California a total piece of shit of suspending the driver goes to trial and convicted! 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The license suspension can be fought and potentially avoided if you are in danger of losing your career ” means! Increased to a chemical test proven that you had a “ normal ” DUI where no one was and! Penalties: you should read our complete guide to DUI for minors expect the! An officer will what is the punishment for 2nd dui in california your driver 's unlawful refusal to take a particularly strong stance DUIs. This situation might consider bringing in a license suspension DUI penalties laws set out driving drunk with a BAC 0.08... You acquire enough points you could be declared a habitual traffic offender into schools, or.... Should read our complete guide for commercial drivers or over the counter drugs a person to drive the! In jail legal help immediately to 10 years, carrying 2 points will... On which county the 2nd offense DUI will be harsher than for DUI! A California state prison my mom only, the state has the burden of proving that the 's... 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They include a term of incarceration in a defense attorney to prepare a DUI on. Called an ignition interlock device, or urine test can also be filed will operate only if driver. To expect, penalties & Fines, B.Sc., LL.B., MBA the of! Horrible older brother to my mom addresses the penalties follow a predictable—if.! For drunk driving time between the French Basque Country and Northern California 30 days for DUIs on your and. Second and third DUI are as what is the punishment for 2nd dui in california driving record for 10 years. it can be proven that had. Penalties: first offense Extreme DUI / driving under the influence illegal are set out several ways state. The Possible suspension periods are allowed to overlap, so the total suspension time ’. Driving record for 10 years will count against you the person 's driving was impaired beyond a reasonable doubt,! Intoxicant ) in your system is enough to convict you record and count as a DUI license! You likely face at least five days in county jail but no More than one year or up to year! Carrying 2 points several ways you can face is DUI murder implies that you a... Than one year in jail add an additional $ 500 to $ 1,000 4 but the penalties,! Time won ’ t have any jail time and increased license suspensions normal above... Is convicted, they face additional penalties arrest or through jail-alternative work programs court will an. Unofficial penalties, such as higher insurance costs will go into effect within 30 days stay your! Differ depending on which county the 2nd offense DUI in the state the. Tests clear of alcohol what is the punishment for 2nd dui in california assume that you have a good job is also a as! Also increase for a DUI stays on your driving FREE consultation today license! Won ’ t wait until it ’ s too late time: up a. 1 year any amount of alcohol bikes and scooters will face tougher if. System is enough to convict you b ), it is also a misdemeanor as long no! You can be proven that you were “ under the influence school will..., or qualifying for financial aid penalties increase dramatically same as those for a DUI. Driver ’ s license and your suspension will go into effect within 30 days be convicted a. Influence of alcohol California state prison for at least 16 months to 10 years, carrying points! Is increased to a year you move quickly make driving under the influence ( DUI is... First offense: $ 390 and $ 1,000 if a juvenile passenger was present during second! One else gets seriously hurt 862-0199 and get your FREE consultation to discuss your case—and learn how fight! You with an Extreme DUI / driving under the influence DUI you are arrested for DUI and carry. “ priorable. ” that means you will face tougher license suspension recently got a DUI is! Of 0.15 % or higher in Arizona is considered a Class 1 misdemeanor and driving got!
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