Generally, you can get a per se DUI for having a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah). There have been cases of drivers being convicted of a DUI when they were not observed driving after being proven in court they had been driving while under the influence. Many employers or occupations have their own rules and BAC limits; for example, the United States Federal Railroad Administration and Federal Aviation Administration have a 0.04% limit for train crew and aircrew, respectively. Some jurisdictions may interpret some of the terms contained herein differently. There are a number of factors that affect when your BAC will reach or exceed 0.08, including how much you weigh, the time frame that you have been drinking, and if you ate within the time of drinking. Law enforcement efficiently combats driving under the influence with tools like breathalyzers during field sobriety tests. The Walk-and-Turn Test (heel-to-toe in a straight line). In many states, a drunk driving charge is considered a traffic offense or a misdemeanor, but those charges can be enhanced from standard misdemeanor DUI to felony DUI depending upon other factors. Many such laws apply also to motorcycling, boating, piloting aircraft, use of mobile farm equipment such as tractors and combines, riding horses or driving a horse-drawn vehicle, or bicycling, possibly with different BAC level than driving.  The assertion regarding mandatory compliance with SFSTs is based on "failure to comply with a demand", as an offence under § 254(5) of the Criminal Code, but it is unclear how refusal of SFSTs are treated (provided the suspect agrees to take a chemical test). And an especially high BAC can increase the already-severe penalties for DUI.  Certain large corporations have their own rules; for example, Union Pacific Railroad has their own BAC limit of 0.02%. In many countries, sobriety checkpoints (roadblocks of police cars where drivers are checked), driver's licence suspensions, fines, and prison sentences for DUI offenders are used as part of an effort to deter impaired driving. From around 1990 until 2007, every year brought news of over 1 million Americans being arrested for driving drunk or stoned by alcohol or drugs. A BAC of 0.09% to 0.25% causes lethargy, sedation, balance problems, and blurred vision. A BAC or BrAC measurement in excess of the specific threshold level, such as 0.08%, defines the criminal offense with no need to prove impairment.  In the province of Manitoba, an "...officer can issue a physical coordination test.  In 2014, in the Canadian province of Ontario, Bill 31, the Transportation Statute Law Amendment Act, was introduced to the provincial legislature. ), The driver's license of those who reject the sobriety test may be revoked permanently, and their revocation stays in records indefinitely.  In some jurisdictions, the occupant of a vehicle might be charged with impaired driving even if sleeping in the back seat based on proof of risk that the occupant would put the vehicle in motion while intoxicated. Illinois DUI Statute: Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. Refusal to take a preliminary breath test (PBT) in Michigan subjects a non-commercial driver to a "civil infraction" penalty, with no violation "points", but is not considered to be a refusal under the general "implied consent" law.  Würzburg University researchers showed that all extra collisions caused by alcohol were due to at least 0.06% BAC, 96% of them due to BAC above 0.08%, and 79% due to BAC above 0.12%. "Consolidated federal laws of canada, Criminal Code", "The ECHR and the right to have a criminal record and a drink-drive history erased", "How UK's new drug-driving laws really work – as first drivers are charged", "Drug-driving limits and roadside testing to be introduced", "Sleeping while drunk in the driver's seat of a parked car with the engine running is driving under the influence, and you really should have known that", "Drunk in the Backseat of a Car? In the American system, a citation for driving under the influence also causes a major increase in car insurance premiums. Expect to hear the use of “OUI” in RI, MA, and ME, but Ohio opts to call its statute OVI. The National Highway Traffic Safety Administration (NHTSA) developed a system for validating field sobriety tests that led to the creation of the Standardized Field Sobriety Test (SFST) battery of tests. Alcohol and Drug Impaired Driving - Tests, Criminal Charges, Penalties, Suspensions and Prohibitions. In construing the terms DUI, DWI, OWI, and OVI, some states[which?] But what exactly does “BAC” mean?  For a BAC of 0.15% the risk is 25-fold. Two jurisdictions have a lesser crime known as DWAI. The National Highway Traffic Safety Administration (NHTSA) established a standard battery of three roadside tests that are recommended to be administered in a standardized manner in making this arrest decision. , Some states allow for conviction for impaired driving based upon a measurement of THC, through blood test or urine testing. These plates are known in popular parlance as "party plates" or "whiskey plates".  This page was last edited on 17 February 2021, at 16:44. Some jurisdictions require that drivers convicted of DUI offenses use special license plates that are easily distinguishable from regular plates. The definition depends on such things as being in or near the vehicle, and having access to a means of starting the vehicle's engine and driving it away (i.e., the keys to the vehicle). Driving a motor vehicle while under the influence of an impairing substance, "DUI" and "DWI" redirect here. 15. But the most DUI fatalities per capita are found in the North-Central region, where Wyoming, Montana, and the Dakotas top the overall ranking as the states with the most acute DUI crises.  Ontario police officers "...use Standard Field Sobriety Tests (SFSTs) and drug recognition evaluations to determine whether the officer believes the driver is under the influence of drugs."  Every 51 minutes someone dies from an alcohol-related collision. However, no matter the level of THC, law enforcement officers base arrests on observed impairment." The drugs could be … This test is designed to measure a person's ability to follow directions and remember a series of steps while dividing attention between physical and mental tasks. In their study based on the 1990s German data, the effect of alcohol was higher for almost all BAC levels than in Borkenstein, et al. ", "Truth in Sentencing and State Sentencing Practices", "Some states put a THC limit on pot-smoking drivers — Here's why California doesn't", "No chemical threshold to mark marijuana impairment for California drivers", "The Minimum Legal Drinking Age and Public Health", Four in Ten Criminal Offenders Report Alcohol as a Factor in Violence: But Alcohol-Related Deaths and Consumption in Decline, United States Bureau of Justice Statistics, DWI Offenders under Correctional Supervision, Crash Risk of Alcohol Involved Driving: A Case-Control Study, "Blood Alcohol Testing: No Consent, No Warrant, No Crime? At the least, you're looking at fines and restitution, a license suspension , and a DUI school; at the most, a jail sentence and even the loss of your vehicle. In many jurisdictions, a judge may also order the installation of an ignition interlock device. Between attorney fees, fines, court fees, ignition interlock devices, and DMV fees a DUI charge could cost thousands to tens of thousands of dollars. Under the implied consent law of the State of Michigan, a person who is arrested for drunk driving is required to take a chemical test to determine their blood alcohol content, and refusal will result in six points being added to their driver's license and their driving privileges will be suspended for one year.. What must I legally do when police pull me over? The Meaning of DUI and DWI DUI could mean driving under the influence of alcohol, or it may mean driving under the influence of drugs. The push to make 0.08 the legal level for DUI across the nation was inspired by scientific research that showed that standard would significantly reduce alcohol-related highway fatalities.  that, if violated during a random test or a for-cause test—for example, after an on-duty traffic accident—can result in termination of employment with no chance of future rehire. 对不起 ( duì buqĭ = sorry ), 对话 ( duìhuà = dialogue ), 对讲机 ( duìjiăngjī = interphone ), 对面 ( duìmiàn = the opposite ), 对象 ( duìxiàng = boyfriend ), 对于 ( duìyú = about ), 反对 ( fănduì = to be against ), 反对党 ( fănduìdăng = opposition ) Other characters that are pronounced duì in Chinese. In some, it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment. Plus, since 1984, law enforcement officers have had a set of field sobriety tests that have survived most legal challenges for scientific reliability.  A separate offense in the 1988 Act applies to bicycles. Every state, however, has created tough legislation against driving stoned, drunk, or driving with a higher BAC level than state law allows.  With the advent of a scientific test for BAC, law enforcement regimes moved from sobriety tests (e.g., asking the suspect to stand on one leg) to having more than a prescribed amount of blood alcohol content while driving. At the European Court of Human Rights, there is currently a case pending which aims at the ruling that such sanction is excessive.. permit enforcement of DUI/DWI and OWI/OVI statutes based on "operation and control" of a vehicle, while others[which?] The PBT (or PAS) uses a portable breath tester. In B.C., the officer can further order a drug recognition evaluation by an expert, which can be used as evidence of drug use to pursue further charges. , The laws relating to drunk driving vary between countries or subnational regions (e.g., states or provinces), and varying blood alcohol content is required before a charge or conviction can be made. [Breathalyzer and roadside tests (Ont. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. duì. (625 ILCS 5/11-501) DUI Fact Book - Detailed information on Illinois DUI laws A 170 lbs male can drink more than a 135 lbs female, before being over the BAC level. 对 definition at Chinese.Yabla.com, a free online dictionary with English, Mandarin Chinese, Pinyin, Strokes & Audio. If you live in a locale that classifies them discretely, the charge usually depends on the driver’s BAC level at the time of the arrest–DUI is the lesser change, DWI the more serious. 16.  The State of Kansas found unconstitutional a state law that made it an additional crime to refuse such a test when no court-ordered warrant for testing exists. The "5" in felony 5 defines the degree of seriousness of the crime that was committed. My girlfriend got 2nd DUI in PA, 30 days jail, 90 days house arrest and 5 years IPP. This is the difference between the "Standardized" and the "Non-Standardized" Field Sobriety Tests.  In relation to motor vehicles, the Road Traffic Act 1988 creates a narrower offense of driving (or being in charge of) a vehicle while having breath, blood, or urine alcohol levels above the prescribed limits (colloquially called "being over the limit"); and a broader offense of "driving while unfit through drink or drugs," (DR20 and DR80 respectively) which can apply even with levels below the limits. Additional country-specific limits are not taken into account: Some EU-member states have different penalties for different limits and have different limits for novice drivers and professional drivers.  There are Non-Standardized Field Sobriety Tests as well; however, the Non-Standardized Field Sobriety Tests have not received NHTSA Validation. , In the US state of Colorado, impaired drivers may potentially be charged with child endangerment if they are arrested for DUI with minor children in the vehicle.  For impaired driving charges involving the consumption of alcohol, the blood alcohol level at which impairment is presumed is 0.08, although it is possible to be convicted of impaired driving with a lower blood alcohol level. To determine which abbreviation to use, refer to each state’s common usage of a state-specific acronym for drunk driving or drugged driving. Driving under influence of alcohol result in suspension or disqualification of driver's license. “BAC” is … My live-in girlfriend got a second DUI in PA recently that included a refusal.  Improper testing and equipment calibration is often used in defense of a DUI or DWI. When it comes to risk-taking there is a larger male to female ratio as personality traits, antisociality, and risk-taking are taken into consideration as they all are involved in DUI's. , Many states in the US have adopted truth in sentencing laws that enforce strict guidelines on sentencing, differing from previous practice where prison time was reduced or suspended after sentencing had been issued. Penalty For First DUI Marijuana Conviction: 96 hours in jail up to 6 months Fine of $390 to a maximum of $1000 Driver’s license suspension of 6 months Summary or informal probation of 3 to 5 years Participation in a DUI or drug , In Canada, refusal to blow into a blood alcohol testing device provided by a police officer carries the same penalties as being found guilty of drunk driving.. Look it up now! Georgia’s broad wording of comprehensive language from our Legislature is adaptable to expand answering the question, “what’s a DUI?”. For a BAC of 0.15%, the risk is 25-fold. For example, in Colorado and Washington, driving with a blood level of THC in excess of 5 nanograms can result in a DUI conviction. While the 1872 Act is mostly superseded, the offense of being "drunk while in charge ... of any carriage, horse, cattle, or steam engine" is still in force; "carriage" has sometimes been interpreted as including mobility scooters..  Police often operates sobriety checkpoints without notice in advance, and it is criminal offense to refuse a sobriety test. For commercial drivers, a BAC of 0.04 can result in a DUI or DWI charge. pinyin. Springfield, VA: National Technical Information Service, 1992. "DUI screening provider" means an individual or business organization that is approved by the Department as meeting the standards in thisclient.  In Colorado, if consumption of marijuana is impairing your ability to drive, "it is illegal for you to be driving, even if that substance is prescribed [by a doctor] or legally acquired." The criminal offense may not involve actual driving of the vehicle, but rather may broadly include being physically "in control" of a car while intoxicated, even if the person charged is not in the act of driving. The laws, however, did not end the use of the field impairment test, but made them more relevant for determining driver impairment by those drugs that are not now covered by the new legislation, or cannot be identified by the limited use of a device, that currently are only authorised for cannabis and cocaine. Learn Chinese Characters. Washington D.C. has separate statutes for both DUI and DWI. He was fined 25 shillings, which is equivalent to £143 in 2019. For people in Europe between the age of 15 and 29, driving under the influence is one of the main causes of mortality. The series of numbers should be more than 15). 5. meaning. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. , Driving under the influence is one of the largest risk factors that contribute to traffic collisions.  Workers are expected to notify their employer when prescribed such drugs to minimise the risk of motor vehicle accidents while at work. dui (Thesaurus) Duhamel duiker Trending Here are the facts and trivia that people are buzzing about. , In the United States, local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol in 1996, compared to 1.9 million such arrests during the peak year in 1983.  Other prescription drugs including antiepileptics and antidepressants are now also believed to have the same effect. Learn more.  There is a split of authority across the U.S. regarding this issue. In some states, an intoxicated person may be convicted of a DUI in a parked car if the individual is sitting behind the wheel of the car. , A breathalyzer is a device for estimating BAC from a breath sample. In most states, DWI means driving while impaired, but in others, DWI stands for driving while intoxicated. While DUI and DWI are the most common ways to refer to drunk or impaired driving, some states use other terms, such as “operating under the influence" (OUI), “operating while intoxicated" (OWI), and “driving while ability impaired" (DWAI).  In the last ten years, there has been an increase in motor vehicle accidents, and it is believed that the use of impairing prescription drugs has been a major factor. , Drivers who have smoked or otherwise consumed cannabis products such as marijuana or hashish can be charged and convicted of impaired driving in some jurisdictions.  Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension. If this wasn’t clear when you picked up your first offense, it was no doubt made clear when you got your 2nd. Bates, Marsha E. "Journal of Studies on Alcohol and Drugs." 23152(b) - it is a misdemeanor to drive with .08% or more of alcohol in one's blood. Other explanations are that this effect is at least in part the blocking effect of ethanol excitotoxicity and the effect of alcohol in essential tremor and other movement disorders, but this remains speculative. Under the second law, it is per se unlawful to drive with a blood alcohol level of .08 or greater. If an individual receives a felony DUI or an Aggravated DUI felony conviction, he/she has a minimum probation of three to ten years and a minimum of four months in prison during which the individual is not allowed out for work or school during those four months. In most states, DWI means driving while impaired, but in others, DWI stands for driving while intoxicated. , Traffic collisions are predominantly caused by driving under the influence for people in Europe between the age of 15 and 29, it is one of the main causes of mortality. In Australia it is a criminal offence to drive under the influence of alcohol if one's level of alcohol is 0.05% or greater (full licence) or if one's level of alcohol is greater than 0.00% (learner/provisional). Commentary varies on taking Standardised Field Sobriety Tests (SFSTs) in Canada. Bill 31 contains driver's license "...suspensions for those caught driving under the influence of drugs, or a combination of drugs and alcohol.  Over 7.7 million underage people ages 12–20 claim to drink alcohol, and on average, for every 100,000 underage Americans, 1.2 died in drunk-driving traffic accidents. Different requirements apply in many states to drivers under DUI probation, in which case participation in a preliminary breath test (PBT) may be a condition of probation. The Preliminary Breath Test (PBT) or Preliminary Alcohol Screening test (PAS) is sometimes categorised as part of field sobriety testing, although it is not part of the series of performance tests.  In Canada, police forces such as the Royal Canadian Mounted Police have "...specially trained drug recognition and evaluation [DRE] officers... [who] can detect whether or not a driver is drug impaired, by putting suspects through physical examinations and co-ordination tests. The little distinction between a DUI and DWI charge can be found. What does the 5 year IPP mean? Updated December 5, 2020 by John Webb, Criminal Defense Attorney and OUI-DUI Defense Lawyer for Over 28 Years Is OUI a felony? Prescription medications such as opioids and benzodiazepines often cause side effects such as excessive drowsiness, and, in the case of opioids, nausea. and the empirical German data on the 1990s demonstrated that the risk of collisions is lower or the same for drivers with a BAC of 0.04% or less than for drivers with a BAC of 0%. Besides the legal implications, being intoxicated beyond the legal limit for driving puts your health at risk in many ways, even if you aren't behind the wheel. The acronym abbreviation in Maine, Rhode Island and Massachusetts is OUI and the Badger State, Wisconsin, follows Indiana in calling its law operating while intoxicated, or OWI. In Europe, it is usually expressed as milligrams of alcohol per 100 milliliters of blood. In some countries, it is measured and known in gram per blood liter, with 0.5 g/L similar to a 0.05% rate, other use per mille (per thousand sign) with 0.5‰ = 0.05%. Reductions are most common for drivers who have submitted to an implied consent test and have a blood alcohol concentration under the legal limit, but still not at zero. The first is "Driving or attempting to drive with excess alcohol" (legal code DR10), the other is known as "In charge of a vehicle with excess alcohol" (legal code DR40) or "drunk in charge" due to the wording of the Licensing Act 1872. The DEC program breaks down detection into a twelve-step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by.  According to the National Highway Traffic Safety Administration, alcohol-related crashes cause approximately $37 billion in damages annually. DUI Penalties by State – License Suspension and IID Besides cash fines for drunk driving and jail time, many states also impose license suspensions and IIDs. Define DUI Meaning You must begin your effort to isolate a meaning for DUI, being aware that roughly a dozen different acronyms for driving drunk or stoned exist. , The German model serves to reduce the number of accidents by identifying unfit drivers and revoking their licenses until their fitness to drive has been established again. For law enforcement purposes, breath is the preferred method, since results are available almost instantaneously. In Argentina, it is a criminal offence to drive if one's level of alcohol is 0.03% or greater at local/municipal jurisdiction, stopped by a municipal police force and 0.04% if driving on a route or highway and stopped by a State Highway Patrol, Argentina Federal Police, or Argentina Gendarmerie.  According to the National Highway Traffic Safety Administration, alcohol-related collisions cause approximately $37 billion in damages annually. You Could Get a D.U.I. Other commonly used terms to describe these offenses include drinking and driving, drunk driving, drunken driving, impaired driving, operating under the influence, or "over the prescribed limit". If accused of driving while intoxicated, this can mean driving while stoned on drugs, driving while having any level of psychoactive marijuana metabolites (THC), or when affected by noxious vapors from gasoline, glue, aerosols, volatiles (like toluene). In the United States, the specific criminal offense is usually called driving under the influence, but in some states "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", "operating a vehicle under the influence" (OVI), etc. 3rd Offense (felony) DUI - Part 5 - The Sentencing Recommendation and your Relationship to Alcohol Your drinking habits will become the focal point of a 3rd offense DUI case. “Underage Drinking.” National Institute on Alcohol Abuse and Alcoholism, U.S. Department of Health and Human Services, pubs.niaaa.nih.gov/publications/underagedrinking/underagefact.htm. Canada Criminal Code § 254(1) and (5) addresses this, but only with respect to chemical testing (breath, blood, etc. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving. , Some studies suggest that a BAC of 0.01–0.04% would have a lower risk of collisions compared to a BAC of 0%, referred to as the Grand Rapids Effect or Grand Rapids Dip, based on a seminal research study by Borkenstein, et al.  DUI and alcohol-related crashes produce an estimated $45 billion in damages every year.  In 1997 an estimated 513,200 DWI offenders were in prison or jail, down from 593,000 in 1990 and up from 270,100 in 1986. ", "Blood Alcohol Testing in Drunk and Impaired Driving Cases", "Kansas DUI law that makes test refusal a crime is ruled unconstitutional", "Alcohol and Drug Testing Regulations (Parts 219 and 40) Interpretive Guidance Manual", "UNION PACIFIC RAILROAD DRUG AND ALCOHOL POLICY Effective October 1, 2013 (see section 5.1.2)", Alcohol-related traffic crashes in the United States, Collaborative Study on the Genetics of Alcoholism, Short-term effects of alcohol consumption, List of countries by alcohol consumption per capita, Alcohol consumption by youth in the United States, List of countries with alcohol prohibition, Foundation for Advancing Alcohol Responsibility, Recommended maximum intake of alcoholic beverages, Commercial Driver's License Information System, https://en.wikipedia.org/w/index.php?title=Driving_under_the_influence&oldid=1007338996, Short description is different from Wikidata, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from September 2020, Articles needing additional references from September 2020, All articles needing additional references, All Wikipedia articles needing clarification, Wikipedia articles needing clarification from September 2020, Articles with unsourced statements from June 2019, Articles with unsourced statements from April 2020, Articles with unsourced statements from February 2019, Articles with unsourced statements from August 2017, Creative Commons Attribution-ShareAlike License. You must begin your effort to isolate a meaning for DUI, being aware that roughly a dozen different acronyms for driving drunk or stoned exist. A THC breathalyzer could revolutionize roadside sobriety testing for drivers suspected of impairment. The Correspondence between Saliva and Breath Estimates of Blood Alcohol Concentration: Advantages and Limitations of the Saliva Method". Some US states, notably California, have statutes on the books penalizing PBT refusal for drivers under 21; however, the Constitutionality of those statutes has not been tested. If a worker who drives has a health condition which can be treated with opioids, then that person's doctor should be told that driving is a part of the worker's duties and the employer should be told that the worker could be treated with opioids. . DUI arrests lead to court appearances, and appearing in court on a DUI charge without legal representation isn't a smart move. In states that have not yet established a THC blood level that triggers a presumption of impaired driving, a driver may similarly be convicted of impaired driving based upon the officer's observations and performance on other sobriety tests. Ex-police officer with 8 annual recognitions by Super Lawyers near me Cory Yager. The changes included a new roadside testing kit, which could detect the presence of cocaine and cannabis in a suspect's saliva and zero tolerance limits for a number of illegal drugs. Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. dictionary. , With alcohol consumption, a drunk driver's level of intoxication is typically determined by a measurement of blood alcohol content or BAC; but this can also be expressed as a breath test measurement, often referred to as a BrAC. It was developed by inventor Robert Frank Borkenstein and registered as a trademark in 1954, but many people use the term to refer to any generic device for estimating blood alcohol content. The use of the twelve step process is scientifically validated by numerous field studies. Non-Standardized '' Field Sobriety Tests ( SFSTs ) in Canada Defense Lawyer for over Years... Plates are known in popular parlance as `` screening '' has the potential to measure how `` ''... State in this regard the influential study by Borkenstein, et al ] for a of. Preliminary alcohol screening Test ( heel-to-toe in a DUI if you drive with.08 % or of! Jurisdiction to jurisdiction and from legal to colloquial terminology PBT testing in some have. Finger-To-Nose Test ( recite all or part of the crime that was committed penalties for DUI alcohol-related crashes produce estimated... 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Was last edited on 17 February 2021, at 16:44 expert testimony in court guidelines a! Of studies on alcohol Abuse and Alcoholism, U.S. Department of health and Services. Equipment calibration is often used in criminal Record information $ 37 billion in damages annually to in. Laws were amended in 2015 organization that is approved by the Department as meeting the standards in thisclient thus for. 对 definition at Chinese.Yabla.com, a bar or restaurant that serves an impaired driver face. From legal to colloquial terminology every 51 minutes someone dies from an collision. An alcohol-related collision heavier penalties ] if the police officials can impound or confiscate the vehicle and plate... The breathalyzer in 1954 Services, pubs.niaaa.nih.gov/publications/underagedrinking/underagefact.htm give you the toughest DUI laws criminalize driving affected... In some jurisdictions, impaired drivers who injure or kill another person while driving or heavy... 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