DUI

San Diego DUI Attorney

Navigating DUI & Drunk Driving Charges in San Diego, CA

San Diego is known for its vibrant nightlife, tourism, and multiple universities—factors that increase local DUI enforcement. If you are facing DUI or drunk driving charges in San Diego, you may interact with agencies such as the San Diego Police Department, San Diego County Sheriff’s Department, or California Highway Patrol. DUI and drunk driving cases are commonly prosecuted at the San Diego Central Courthouse and other regional courts. Understanding the process and avoiding local pitfalls can be vital to your defense.

Being charged with the crime of Driving Under the Influence, also called DUI, is a complex situation that can affect your future for years. A DUI conviction often carries significant penalties that can impact your freedom, career, and reputation. Having a skilled San Diego DUI defense attorney at your side gives you a real opportunity to defend your rights and your future.

If you are charged with a DUI in San Diego, you are not automatically guilty. Law enforcement or prosecutors can make mistakes—leading to false charges or inadmissible evidence. You have important legal options, and it is crucial to exercise your right to representation. Our legal team will ensure your drunk driving or DUI case is addressed with attention and diligence.

A trusted attorney is your best chance to avoid a conviction or limit the impact of criminal penalties. The right DUI defense lawyer can provide much-needed support during this stressful time and help navigate the San Diego criminal and administrative process.

At Lee Law Group DUI & Criminal Attorneys, our knowledge of San Diego court practices, DUI laws, and the regional legal community allows us to provide strategic guidance and representation tailored to your individual needs. If you're searching for an experienced DUI attorney in San Diego or a drunk driving lawyer near you, our firm can guide you through every step.

Strong DUI Defense Backed by Experience & Results

At Lee Law Group DUI & Criminal Attorneys, we aggressively defend clients facing DUI and other criminal charges throughout San Diego and the surrounding region. Our approach focuses on preparation, in-depth investigation, and personalized strategies for every matter we handle.

Attorney Ernest Lee has a proven history of successful results, using a thorough understanding of California DUI laws, San Diego penalties, and local court procedures to challenge evidence, protect your rights, and pursue the best possible outcome. When you need a DUI defense attorney near you, our team's familiarity with the region's legal landscape is crucial.

With years of courtroom experience in San Diego, Attorney Lee understands what it takes to mount an effective DUI defense. Whether it's negotiating reduced penalties, litigating at trial, or identifying critical procedural errors, our dedication ensures each client receives the highest level of attention and representation from a top DUI defense lawyer in San Diego.

Understanding the DUI Process: What to Expect

Being charged with a DUI or drunk driving offense is overwhelming, especially if you are unsure about what comes next. At Lee Law Group, we believe in empowering our clients with clear information about the San Diego DUI process. Here is a step-by-step overview of what to expect if you are charged with a DUI or arrested by San Diego police:

Arrest & Booking: When arrested for DUI, you will be taken to a local police station for booking, which includes collecting your personal information and fingerprints.
Initial Court Appearance: You will have an initial court appearance known as an arraignment. During this hearing, the DUI charges will be formally presented to you.
Pre-Trial Hearing: Your DUI defense attorney will negotiate possible plea arrangements or prepare for trial, seeking out evidence or legal errors that can support your defense.
Trial: If your case does not resolve, you proceed to trial, where both prosecution and defense present arguments. Having a seasoned San Diego DUI lawyer at trial is vital for your defense.
Sentencing: If convicted, sentencing may include fines, community service, probation, or incarceration. Your attorney advocates for the most favorable sentence possible, based on the facts and circumstances.

Understanding each step in this process helps reduce anxiety and allows you to prepare for what lies ahead. At Lee Law Group, you will have a dedicated advocate guiding you at every stage, ensuring you understand your legal options and rights. Contact a leading DUI lawyer near you today at Lee Law Group DUI & Criminal Attorneys to discuss how we can help you with your case.

Your Rights & What to Expect During a DUI Charge

Facing a DUI or drunk driving charge may feel overwhelming, but having a clear understanding of your rights and the San Diego legal process can help you move forward confidently. At Lee Law Group, we prioritize educating our clients about these essential legal rights:

The right to remain silent: You are not required to answer police questions about your DUI arrest without your attorney present. Use this right to protect your interests.
The right to legal representation: You may hire a DUI defense attorney in San Diego who will advocate on your behalf, protecting your rights and ensuring fair treatment.
The right to a fair trial: All defendants are entitled to a trial by jury, giving you the opportunity to contest the drunk driving charges brought against you.

Besides knowing your rights, it is vital to recognize the key steps that follow a DUI arrest in San Diego County:

Booking and fingerprinting at the police station following your arrest.
Arraignment, where you or your attorney enter a plea on your behalf.
Negotiations for plea deals, reduction of charges, or alternative sentencing with the prosecution.

At Lee Law Group DUI & Criminal Attorneys, we take a team-oriented approach to ensure you are well-prepared, informed, and supported during every step of your DUI or drunk driving case. Consult a defense attorney San Diego residents trust by reaching out to our team for immediate guidance on your legal situation.

For The Best DUI Defense, Call Lee Law Group DUI & Criminal Attorneys!

It can be overwhelming to face a DUI arrest. Being charged with a DUI offense in California can profoundly impact your life. Many people wonder, "Is DUI a felony in California?" The answer depends on the details—most DUIs are misdemeanors, but certain factors, such as multiple offenses, injuries, or a prior felony DUI, may result in felony charges. At Lee Law Group DUI & Criminal Attorneys, our DUI defense attorneys in San Diego offer comprehensive and individualized representation, efficiently navigating California’s complex legal landscape to protect your rights and future.

A DUI arrest in San Diego County initiates both a criminal court case and a separate proceeding with the California Department of Motor Vehicles (DMV). You have only 10 days from the arrest to request a DMV hearing to challenge the suspension of your driver’s license—a step many individuals overlook. If you miss this deadline, your driving privileges could be automatically suspended, regardless of the outcome in court. When you need to protect your license and record, turning to a San Diego DUI lawyer near you is essential. The team at Lee Law Group DUI & Criminal Attorneys is experienced in both criminal and DMV administrative matters, ensuring every detail is addressed.

Being arrested in areas like the Gaslamp Quarter, Mission Valley, or near San Diego State University can be especially intimidating with frequent law enforcement patrols and DUI checkpoints. Our attorneys know the local landscape and leverage this understanding to analyze DUI checkpoint compliance, officer conduct, and the validity of sobriety tests. Whether you seek a drunk driving attorney in San Diego or a DUI defense lawyer near you, our familiarity with the courts and law enforcement environment in San Diego allows us to create a robust, locally informed defense strategy tailored to your situation.

We build strong DUI and drunk driving defenses based on thorough evidence review and strategic analysis. Our legal team is committed to understanding your unique case, providing compassionate legal support, and advocating for your best interests at every stage.

We recognize how stressful and upsetting DUI allegations can be—whether from an isolated mistake or a misunderstanding. For every DUI or drunk driving case in San Diego, our lawyers work tirelessly to protect your rights and future opportunities. If you are facing DUI or alcohol- and drug-related accusations, Lee Law Group DUI & Criminal Attorneys are ready to act on your behalf.

Guiding clients through every phase of the legal process and finding the ideal solution to fit their needs is our focus. Our firm offers over 20 years of combined criminal defense experience, including thousands of complex DUI and drunk driving cases in San Diego. Let us put our knowledge and experience to work for you.

Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 for a Free Consultation!

DMV Hearings & License Reinstatement in San Diego

After a DUI arrest in San Diego, you will face both the criminal court process and an administrative investigation with the California DMV. The DMV hearing is a separate procedure that determines the outcome of your driver’s license, independent from your criminal case. If you want to challenge a license suspension, you must request a DMV hearing within 10 days of your arrest. Missing this deadline generally results in license suspension, regardless of what happens in criminal court. When searching for a DUI attorney near me or a drunk driving lawyer near me, choose a firm that is proactive with DMV administrative issues, not just criminal defense.

DMV hearing officers in San Diego use their own administrative guidelines, and the standard of proof is different from what applies in court. Our DUI defense attorneys thoroughly prepare for DMV hearings—reviewing police reports, cross-examining witnesses, and identifying errors in procedures or evidence. Familiarity with San Diego DMV office practices and local regulations enables Lee Law Group DUI & Criminal Attorneys to advocate effectively for your driving rights, even as you navigate the criminal case process. We understand the impact that losing your license can have on your work, family, and daily life—and our team works to preserve your driving privileges whenever possible.

Why Choose Lee Law Group DUI & Criminal Attorneys?

Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
Experienced and Unyielding
With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
Client-Centered Protection
When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.

What To Do If You’re Pulled Over For a DUI in San Diego

Protecting yourself starts at the moment you are pulled over by law enforcement. The officer will begin collecting evidence immediately if they suspect you are driving under the influence. Your demeanor and choices during this interaction can significantly affect your case going forward. If you need a DUI attorney in San Diego, taking these early steps may benefit your defense.

Here are some important guidelines to follow if you are stopped by police and suspect you may be investigated for drunk driving in San Diego:

Keep Calm & Remain Silent: You always have the right to remain silent. Politely decline to answer questions, as anything you say may be used against you by prosecutors during your DUI or drunk driving case.
Be Respectful: A traffic stop can be stressful, but remember that you have rights and should cooperate politely without volunteering unnecessary information. If you feel you are being treated unfairly, document details for your San Diego DUI lawyer to review later.
Do Not Submit to Field Sobriety Tests: Respectfully decline field sobriety tests. These tests—which may include following a pen with your eyes, walking a straight line, or standing on one leg—are often unscientific and can be affected by nerves, health conditions, or poor road conditions.
Blood or Breath Test at the Station: Unlike field tests, you are required to take a blood or breath chemical test after arrest or legal detention for DUI. Do not take the handheld breathalyzer (Preliminary Alcohol Screening test) unless you are under 21 or on DUI probation. Refusing the required test can increase penalties and impact both criminal and DMV proceedings, so consult with your DUI attorney San Diego as soon as possible.

Blood tests should be administered by a qualified technician, not a police officer. Refusal to submit to breath or blood testing can result in immediate penalties and make it more difficult to fight your case in San Diego courts.

You may still be arrested even if you follow these recommendations, but these steps protect your rights and provide a better foundation for your DUI defense attorney to build your case.

Law enforcement officers in San Diego often use body-worn cameras during stops. Your words and behavior are likely recorded and may be used as evidence. Take note of your location—such as Pacific Beach, Downtown, or near a San Diego DUI checkpoint—as local enforcement strategies can play a role in how your case is handled. Share these details with your DUI lawyer or drunk driving attorney San Diego at your earliest opportunity.

Many clients ask whether they must answer questions about recent drinking or permit a vehicle search. You are not obligated to respond to questions or consent to a search of your vehicle without legal counsel present. Common DUI checks occur near busy nightlife districts and during community events, so calm, informed action can improve your odds in court. Seeking assistance from a DUI defense lawyer near you right away is always advisable in these situations.

Facing a felony DUI charge in San Diego? Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 or reach out to our defense team online for experienced legal representation and support.

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California DUI Laws

Every state enforces its own DUI and drunk driving laws. California has some of the country’s most detailed regulations regarding alcohol and drugged driving. You may be charged with DUI if your situation meets any of the following conditions:

You are under 21 years old and operate a vehicle after consuming alcohol, cough syrup, or prescription drugs.
You are under 21 years old with a blood alcohol content (BAC) of .01 or higher.
You are under 21 years old and have unsealed liquor, beer, or wine in the vehicle while alone.
You are under 21 years old with any BAC level detected.
You are driving a commercial vehicle with a BAC of .04 or higher.
You are driving a non-commercial vehicle with a BAC of .08 or higher.
You are on probation for DUI and found to have a BAC of .01 or higher.
You refuse a blood alcohol content test when lawfully required.

Most people do not realize that you may face two separate criminal counts if arrested: DUI and driving with excessive BAC. Both charges carry significant consequences and are difficult to fight without experienced legal guidance. Selecting the right DUI attorney in San Diego can make all the difference in your defense and in protecting your future.

You need a competent San Diego DUI attorney who can handle the nuances and procedural rules of local courts to provide strategic advice at every stage. Our team is here to help you regain control of your life following a DUI or drunk driving charge.

Types of DUI Offenses in California

DUI offenses in California fall into three main categories:

DUI Alcohol: Operating a vehicle under the influence of alcohol with a BAC of 0.08% or more.
DUI Drugs: Driving while impaired by illegal substances or prescription medications.
Aggravated DUI: Involving high BAC levels, minor passengers, accidents, or prior DUI convictions within 10 years.

It is vital to understand that California’s DUI laws are strictly enforced in San Diego County. Local law enforcement, including the San Diego Police Department and California Highway Patrol, frequently conduct DUI checkpoints in high-traffic areas like Pacific Beach, Downtown Gaslamp, and near local universities. If you encounter a checkpoint, officers must follow strict protocols—any violations may impact your case. An experienced DUI attorney in San Diego can review checkpoint procedures and help ensure your rights were respected.

Beyond the criminal court process, DUI cases in San Diego involve DMV administrative hearings that influence your driving privileges. Many are surprised to learn DMV hearings are separate from the criminal trial and that a license suspension can occur even if the DUI case is later dismissed. Immediate legal assistance from a DUI lawyer San Diego can give you a better shot at protecting your ability to drive, both in court and with the DMV.

Types of DUI Penalties in San Diego

Whether you are facing your first DUI or have been charged with multiple offenses, understanding the range of potential penalties is essential to your defense. Different types of criminal DUI charges in San Diego carry varied legal and administrative consequences.

First Offense: Up to six months in jail, a base $390 fine with penalty assessments (totaling up to $2,000), and a six-month license suspension. Installation of an ignition interlock device is common in many cases.
Second Offense: Within 10 years, this can result in up to one year in jail, fines up to $3,000, and a two-year license suspension.
Third Offense: Within 10 years, this could mean a three-year license suspension, up to $5,000 in fines, and up to one year in jail. A three- to five-year probation period also applies.

DUI with No Priors—VC 23152(a) & VC 23152(b)

If convicted of DUI with no prior offenses, potential penalties include:

Fines up to $2,000
Three to nine months in a DUI Program
Attendance at a MADD (Mothers Against Drunk Driving) Victims Impact Panel
Community service or participation in the Traffic Litter Program if BAC exceeds .15
Suspension of your driver's license
Up to five years of probation
Criminal record and impact on your driving record

DUI with a Prior Within 10 Years—VC 23152(a) & VC 23152(b)

Any DUI conviction within the past 10 years is considered a "prior." Penalties for a second conviction may include:

Fines up to $2,635
At least 96 hours in custody, depending on circumstances
An 18-month DUI program
Attendance at a MADD Victims Impact Panel
Driver’s license suspension
Community service or the Traffic Litter Program
Up to five years of probation
Criminal record and impact on your driving record

DUI Under the Influence of Drugs (Including Prescription Drugs)—VC 23152(f) or Alcohol & Drugs No Priors—VC 23152(g)

Penalties for a first-time drug DUI may include:

Fines up to $2,000
Three-month DUI program
Attendance at a MADD Victims Impact Panel
Driver’s license suspension
Up to five years of probation
Criminal record and driving record repercussions

Felony DUI (Including DUI with Injury)

A felony DUI in San Diego can result from causing injury or having three prior DUIs within 10 years. Potential penalties are:

Fines up to $3,000
DUI program up to eighteen months
Attendance at a MADD Victims Impact Panel
Driver’s license suspension
Up to five years of formal probation
Criminal record and additional felony penalties if applicable

Wet Reckless—VC 23103 per VC 23103.5

Wet reckless is a lesser included plea often offered when BAC is close to .08%. Possible penalties include:

Fines up to $1,200
DUI program from 12 hours to three months
Attendance at a MADD Victims Impact Panel
Up to one year of probation
Criminal record and impact on your driving record

Dry Reckless—VC 23103

Dry reckless is also a lesser plea for cases where BAC is below .08%. Potential penalties are:

Fines up to $575
Up to one year of probation
Criminal record and impact on your driving record

Drinking Alcohol in a Motor Vehicle—VC 23222(a)

Penalties for drinking alcohol in a vehicle include:

Fines up to $100 for drivers 21 and over
For those under 21, up to $1,000 in fines and six months in jail—plus possible vehicle impoundment for up to 30 days if registered to someone under 21

DUI Watson Murder

Watson Murder may be charged if a drunk driving incident with prior DUI convictions causes another person’s death. Penalties can include:

Up to 15 years to life in state prison
Fines up to $10,000
A “strike” on your criminal record under California’s Three Strikes Law
Additional three years for cases with great bodily injury to another
An extra one year per injured individual (up to three years)

The life-altering consequences of a DUI or drunk driving conviction extend beyond jail time and fines. The right San Diego DUI attorney can help mitigate penalties and consequences for drivers in challenging circumstances.

How Does a DUI Defense Attorney in San Diego Help?

Working with a DUI defense attorney in San Diego offers significant advantages. Penalties—even for first offenses—may include jail, large fines, a suspended license, probation, and a criminal record. Aggravating factors, such as a high BAC or a DUI-related accident, can result in even harsher consequences.

A DUI defense lawyer San Diego trusts can help by:

Reviewing your case to determine if procedures were followed properly by police
Investing time into evaluating your arrest and all related evidence
Protecting and explaining your legal rights at every stage
Ensuring that due process was respected
Investigating the background and qualifications of arresting officers
Representing you at both DMV hearings and criminal court hearings
Developing a customized defense based on your unique circumstances
Providing guidance on plea deals and ensuring you are fully informed before deciding

If San Diego police stopped you without reasonable suspicion, your DUI defense lawyer can seek to have improperly gathered evidence excluded. Your attorney can file motions to suppress evidence or dismiss charges when procedural violations exist. Every DUI case in San Diego is different—and demands a tailored defense from a local attorney who understands the law and the courts.

Local Court Expectations & Compliance in San Diego DUI Cases

Many San Diego DUI cases require adherence to specific programs, court-ordered education, or community service unique to each courthouse—such as in Chula Vista, Vista, or El Cajon. Your DUI defense lawyer will ensure compliance with you and advocate for your interests under local court rules. This knowledge can help avoid additional penalties or delays in reinstating your driving privileges after conviction or suspension.

San Diego prosecutors consider a range of factors when evaluating DUI or drunk driving charges—such as your BAC, whether an accident occurred, if children were present, or if you cooperated with authorities. Your attorney can use character references, employment documents, and evidence of responsible conduct to support a request for reduced penalties or alternative sentencing. Choosing a DUI defense attorney near you who understands the priorities of San Diego prosecutors and judges gives you a competitive advantage.

Comprehensive Criminal Defense for San Diego Residents

Lee Law Group DUI & Criminal Attorneys is a comprehensive criminal defense law firm serving San Diego. With decades of proven case results and dedication to our clients, we are committed to delivering personalized DUI, drunk driving, and criminal defense services. Don’t be swayed by discounted billboard lawyers—choose experienced advocates who value your future and individualized service.

Our practice handles a full range of criminal cases, including DUI, violent crimes, juvenile matters, sex offenses, white-collar charges, theft, and other felonies. The committed San Diego DUI attorneys at our firm work tirelessly to protect your rights. Trust Lee Law Group DUI & Criminal Attorneys for the representation you need to get your life back on track after facing criminal accusations in San Diego County.

Potential Defenses in a DUI Case in San Diego

Many defenses can be raised against San Diego DUI or drunk driving charges; the best defense depends on the unique facts of your arrest. Some important DUI defenses include:

Improper Traffic Stop: San Diego officers must have probable cause to pull you over. Without valid cause, evidence may be inadmissible in your DUI or drunk driving prosecution.
Rising BAC Defense: Your blood alcohol content may have been under the legal limit while driving but increased by the time of testing due to alcohol absorption rates.
Inaccurate Tests: Field sobriety and chemical tests can be flawed due to improper administration, calibration issues, or health and environmental factors.

Understanding the DUI Process: What to Expect

Navigating a DUI charge in San Diego can be confusing, especially for first-time offenders. At Lee Law Group, our goal is to educate and guide you through every phase of the legal process. Here is what you may expect after a DUI or drunk driving arrest in San Diego:

Arrest & Booking: Taken to a local station for processing after arrest by San Diego law enforcement.
Initial Court Appearance (Arraignment): Charges and rights are explained; you plead guilty, not guilty, or no contest.
Pre-Trial Hearing: Negotiation and strategy discussions with the prosecution. Your DUI lawyer in San Diego may be able to secure reduced charges, alternative sentencing, or suppression of improper evidence.
Trial: If unresolved, your case will move to trial in front of a judge or jury. Retaining a skilled San Diego DUI attorney may make a crucial difference in your defense.
Sentencing: Potentially includes jail, fines, community service, DMV penalties, or court-mandated education programs. Your attorney works to minimize the impact and protect your record.

Understanding the process allows you to make confident decisions. Contact Lee Law Group to consult a DUI defense attorney in San Diego and learn how we can assist at every step.

Your Rights & What to Expect During a DUI Charge

When charged with DUI or drunk driving, knowing your rights and the process in San Diego courtrooms is vital. Our attorneys at Lee Law Group emphasize your right to:

Remain Silent: Exercise your Fifth Amendment right and avoid damaging admissions.
Representation: Consult a DUI defense attorney or drunk driving lawyer in San Diego—do not go it alone against trained prosecutors.
Fair Trial: Insist on a jury trial if you intend to challenge the allegations brought against you.

DUI legal proceedings in San Diego generally involve booking, arraignment, and defense negotiation. A committed DUI attorney San Diego residents rate highly will walk you through each step, answering questions and preparing you for appearances. At Lee Law Group, our client-centric approach ensures responsive, transparent communication and personalized solutions for every client.

Frequently Asked Questions About DUI Charges In San Diego

How Long Does a DUI Case Take to Resolve in San Diego?

The time it takes to resolve a DUI or drunk driving case in San Diego varies with case complexity, the court’s schedule, whether it’s a first offense, and legal strategy. Misdemeanor cases may wrap up within several months, but more complicated or felony cases may last a year or longer. After an arrest, your first appearance is the arraignment, typically scheduled within several weeks. The pre-trial phase consists of evidence review, legal motions, and settlement negotiations with the District Attorney’s office. Negotiated resolutions can occur quickly, while contested cases set for trial may take longer. DUI cases with factors like injury, high BAC, or repeat offenses demand more extensive litigation. At Lee Law Group DUI & Criminal Attorneys, we keep you informed each step of the way, manage all court logistics, and work diligently for a timely and favorable resolution for your San Diego DUI case.

What Happens If I Refuse a Breath or Blood Test in San Diego?

If you refuse a chemical breath or blood test following a DUI arrest in San Diego, California’s “implied consent” law applies. Anyone driving in California consents to take one of these tests if lawfully arrested. Refusing may result in a mandatory one-year driver’s license suspension by the DMV—even if additional court penalties do not apply. The officer will likely note your refusal in the police report, and prosecutors frequently argue refusal indicates “consciousness of guilt.” However, the roadside Preliminary Alcohol Screening (PAS) test is generally optional if you’re over 21 and not on DUI probation. Once you’re arrested, the mandatory blood or breath test is required. Consulting an experienced DUI attorney or drunk driving attorney in San Diego right away enables you to build a strong defense and fight to protect your license at both the DMV and in criminal court.

Will a DUI Conviction Affect My Ability to Drive for Work in San Diego?

A DUI or drunk driving conviction can impact your employment and ability to drive for work, especially for commercial drivers with a CDL. Even a first-time DUI can lead to a one-year CDL suspension; a second DUI can result in a lifetime CDL disqualification. Non-commercial drivers may face work restrictions or ignition interlock device requirements. Those with driving-dependent jobs may seek a restricted license for work-only purposes, but you must act quickly to protect your eligibility. Our team at Lee Law Group DUI & Criminal Attorneys advocates for occupational driving privileges, advises on background check concerns, and helps clients apply for restricted licenses when available. If you rely on your license for work in San Diego County, consult a DUI attorney near you immediately to defend your rights and preserve your livelihood.

Contact Lee Law Group DUI & Criminal Attorneys Today!

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