Second DUI in Nevada – Penalties, Defenses & License Consequences

A second DUI in Nevada within seven years is a misdemeanor punishable by 20 days to six months in jail, a one-year license revocation, DUI school, a victim impact panel, an alcohol/drug evaluation, and fines of $750 to $1,000 (plus court costs).

Most defendants can continue driving during the one-year license revocation with an ignition interlock device (IID). Plus, depending on the evidence, it may be possible to get a DUI-2nd reduced to reckless driving or dismissed outright.

Elements of 2nd DUI

Prosecutors must prove beyond a reasonable doubt that:

  1. The defendant operated a motor vehicle while intoxicated by drugs or alcohol, or the defendant had a blood alcohol content (BAC) of at least 0.08% within two hours of driving; and
  2. The defendant had a prior DUI (or equivalent offense) within the last seven years, in any U.S. state or territory.

Penalties of 2nd DUI

  1. Driver’s License Revocation:  12 months, though the DMV typically permits driving with an ignition interlock device (IID);
  2. Jail:  Mandatory minimum of 20 days, and maximum of six months;
  3. Fines:  $750 to $1,000, plus court costs;
  4. Education:  Victim Impact Panel (such as a MADD lecture) and DUI School (up to 16 hours); and
  5. Alcohol & Drug evaluation:  The results may trigger counseling and rehab requirements.

Eligible defendants with substance abuse issues may be able to complete DUI Treatment Court, which can substantially reduce the mandatory jail sentence if all program requirements are completed.

Although a second DUI is more serious than a first DUI, it is still prosecuted as a misdemeanor. A second DUI becomes a felony only if you have a prior felony DUI conviction or if the incident caused a fatality or serious bodily harm.

Defenses to 2nd DUI

  • Constitutional Errors:  For example, police lacked probable cause for an arrest or conducted an unlawful search.
  • Procedural Errors:  For example, police did not administer the field sobriety tests (FSTs) correctly.
  • Mechanical Errors:  For example, the breathalyzer was defective or the blood test samples were contaminated.
  • Medical Issues:  For example, the defendant’s acid reflux caused false breathalyzer results.

Clients often come to us believing a conviction is inevitable because this is their second DUI offense, but that is not always the case. Our job is to scrutinize every aspect of the investigation, challenge weak evidence whenever possible, and pursue the best available outcome—whether that means a dismissal, a reduction to reckless driving, or minimizing the penalties and helping our clients keep driving legally.

Below our experienced Las Vegas DUI attorneys discuss everything you need to know about second-time DUIs in Nevada and how we can help minimize any fallout if it happens to you. Click on a topic to jump to that section:


1. What Counts as a Second DUI

In Nevada, a second DUI is getting arrested for drunk- or drugged driving within seven years of your first qualifying DUI arrest. Specifically, DUI is defined as driving while:

  • you are impaired by alcohol or drugs; and/or
  • you have illegal amounts of certain drugs in your blood; and/or
  • you have a blood alcohol content (BAC) of 0.08% or higher within two hours of driving (whether or not you are impaired).

Note that commercial drivers face DUI charges for driving with a BAC of 0.04% or higher. Meanwhile, drivers under 21 face DUI charges for driving with a BAC of only 0.02% or higher. (DUI defendants under 18 years old are instead prosecuted in juvenile court).

In Nevada, DUIs are considered “prioriable” because the punishments get harsher with each successive offense. Though if a prior misdemeanor DUI occurred more than seven years ago, it does not count as a “prior.”1

2. Penalties for a Second DUI

A second DUI in Nevada is an enhanced misdemeanor punishable by 20 days to 6 months in jail, fines from $750 to $1,000 plus court costs, and a 1-year license revocation (though you can still drive with an IID in your car). You also have to submit to an alcohol/drug evaluation and complete DUI School and a Victim Impact Panel (such as a MADD lecture).

Being sentenced to more than the 20-day “mandatory minimum” is rare unless you were transporting a child under 15 at the time. The judge can allow you to serve the 20 days intermittently in 48-consecutive-hour chunks so that you do not have to miss work. In certain cases, you may be able to serve some of the 20 days in residential confinement at home.

Judges typically impose a six-month suspended jail sentence, which means you will not have to serve more than the 20 days in jail as long as you complete all the other probation terms and stay out of trouble while the case is open. If you violate probation, then the judge could remand you to jail to serve the six-month sentence.2

Clients are often surprised at how much harsher the penalties are for a second DUI than for a first DUI. They are also surprised by how many ways we can attack the charges. We tell clients not to assume the worst because there may be ways to pursue a charge reduction or dismissal.

Graphic that shows Nevada DUI 2nd penalties

3. Less Jail with DUI Treatment Court

If you get accepted into DUI Treatment Court in Nevada – a one-year intensive rehabilitation program – you serve only five days of jail rather than the standard 20-day penalty. Then if you complete the program successfully, the DUI conviction should be reduced to a less serious offense like reckless driving.

DUI Treatment Court costs about $4,500. Just some of the terms include:

Not everyone is eligible for DUI Treatment Court. You have to have substance abuse issues, and your BAC must have been below 0.16%.3

We had some clients who preferred to serve the 20 days in jail rather than go through the one-year DUI Treatment Court. That is a personal choice, but those clients who do successfully complete the program credit it with vastly improving their lives and future prospects.

4. DUI Second vs. DUI First

A first- and second-time DUI in Nevada are both misdemeanors. Otherwise, a second-time DUI carries harsher penalties than a first-time offense in every way:

NEVADA PENALTIES 1st DUI 2nd DUI
Jail time 2 days to 6 months (judges usually suspend the jail sentence so you do no time at all) 20 days (mandatory minimum) to 6 months
Fines $400 to $1,000 plus costs $750 to $1,000 plus costs
License revocation 185 days (but you can keep driving with an IID) 12 months (but you can keep driving with an IID)
Alcohol/drug dependency evaluation Yes, if your BAC is ≥ 0.16% Yes
DUI School & Victim Impact Panel Yes (usually the 8 hour DUI School) Yes (usually the 16 hour DUI School)
Jail time if you do DUI Treatment Court (Rehab) 0 days 5 days

5. What Happens to Your License

A DUI-2nd conviction carries a one-year driver’s license suspension in Nevada. However, you should be allowed to continue driving with an ignition interlock device (IID) in your vehicles.

IIDs are breathalyzers affixed to your steering wheel that disable your car if it detects alcohol on your breath. They cost about $150 to install and another $100 per month to maintain. If your blood alcohol content was 0.16% or higher, you may be required to drive with an IID for up to three years (36 months).

After the suspension ends, you must maintain SR-22 insurance for three years in order to reinstate and keep your driving privileges. You will also have to pay a

  • $120 license reinstatement fee and
  • $35 Victims Impact Fee.4

For many clients, keeping the ability to drive is every bit as important as avoiding jail. We help clients understand the separate DMV process, determine whether they qualify to continue driving with an IID, and make sure they do not miss important deadlines that could unnecessarily extend the loss of their driving privileges.

Commercial Drivers

For commercial drivers in Nevada, a second-time DUI causes a permanent CLD revocation.5 This makes it all the more important to fight these charges from every angle possible. Losing can ruin your livelihood.

Learn more about commercial driver DUIs.

Underage Drivers

Nevada’s one-year driver’s license revocation for second-time DUIs applies to under-21 drivers as long as their BAC was 0.08% or higher. If it was below 0.08% but at least 0.02%, then the driver’s license revocation is 90 days.6

Learn more about underage DUIs.

6. Fighting to Keep Your License

In Nevada DUI cases, the only way to avoid a suspension (and therefore the IID requirement) is to win both:

  1. your criminal case and
  2. your administrative DMV hearing at the Department of Motor Vehicles (DMV).

The DMV hearing – which is like a mini-trial – is actually harder to win than the criminal case.

Criminal prosecutors have the burden to prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. Meanwhile, the DMV requires very little evidence to find that you drove with an illegal BAC of 0.08% or higher. However, we have won many DMV hearings by pointing out procedural mistakes made by the officers in the case.

7. When To Request a DMV Hearing

If you elect to take a breath test after being arrested for DUI in Nevada, you will receive a temporary license valid for seven days. If you request a DMV hearing during that week, you can continue driving pending the results of the DMV hearing; otherwise, the license suspension begins on the seventh day.

Meanwhile, if you elect to take a blood test, you can continue driving until the lab results come back – which may take weeks. Then you will receive a letter in the mail from the DMV giving you seven days to request a DMV hearing. If you do not request a hearing, the suspension will begin after the seventh day.7

One of the biggest mistakes we see is waiting too long to contact an attorney. DMV deadlines come quickly, and missing one can permanently eliminate your opportunity to challenge the license revocation. We encourage anyone arrested for DUI to seek legal advice immediately so all available options remain on the table.

See our related article on refusing to take a breath- or blood chemical test, which also carries a one-year license suspension.

Woman driver drinking a beer she is holding with one hand while her other hand is on the wheel steering
Underage DUI drivers face the same penalties as adults.

8. The Alcohol and Drug Evaluation

Following a DUI-2nd conviction in Nevada, NRS 484C.400 requires you to submit to an alcohol and drug dependency evaluation – called a “DUI Assessment Program” – that costs $100.

Depending on the results, you may need to complete up to one year of clinical supervision at a treatment facility. Most judges also order 18 weeks of Alcoholics Anonymous (AA) or group therapy and possibly other requirements as well.8

Although most clients dread the evaluation, the results can be lifesaving. We have seen many clients successfully treat their addiction and go on to live much more fruitful and enjoyable lives where they never see the inside of a jail or courtroom again.

9. If You Cannot Afford the Fine

Nevada judges may allow you to perform a certain number of hours of community service in lieu of the $750 to $1,000-fine for a DUI-second.9

One hour of public service equals $10 in fines. A common form of community service is collecting garbage on the highway, which can be very trying during the summer months.10

In our experience, judges do not want to send defendants to jail just because they cannot pay a fine. They are usually agreeable to arrangements involving community service hours or payment plans, or both, to help keep defendants on track to complete their sentencing terms.

10. What Counts as a Prior DUI

Any prior DUI conviction in the U.S. counts as a prior, as long as the arrest occurred within seven years of the current Nevada case. So if an earlier DUI charge was dismissed or reduced to reckless driving, then it generally would not count as a prior offense.11

If you plead guilty (or no contest) to a DUI-2nd in Nevada, you must sign an “admonishment of rights” form. It explains how drunk driving is “priorable” offense, and that the penalties for a third-time DUI will be even harsher than for a second DUI.

Note that if you have a prior felony DUI conviction and later get arrested for drunk/drugged driving in Nevada, you automatically face another felony charge. It does not matter if the current DUI case caused no injuries, or if the prior felony DUI arrest was more than seven years earlier.12 The saying in Nevada is, “Once a felon, always a felon.”

Calculating whether a prior offense qualifies can be more complicated than it appears, and sometimes prosecutors mistakenly “look back” too far when bringing repeat DUI charges. We always verify a client’s complete driving and criminal history when prosecutors claim that our clients have prior DUIs.

Driver holding his chest because he is suffering from GERD, which a policeman could misconstrue as being intoxicated
Medical conditions such as GERD can cause a sober driver’s breath test to come back as positive for driving under the influence.

11. Fighting DUI-2nd Charges

Here at Las Vegas Defense Group, we have represented more than 10,000 clients in DUI proceedings. In our experience, the top 10 defenses that prove very effective with prosecutors, judges, and juries are:

  1. Police lacked reasonable suspicion to stop you and/or lacked probable cause to arrest you.
  2. Police gave you wrong field sobriety test instructions, or you failed the walk and turn test and one-leg stand test for non-alcohol-related reasons such as bad shoes, a physical injury, flashing traffic lights, or an uneven road.
  3. You have a medical condition like auto-brewery syndrome that caused a falsely high BAC result, or you were having a diabetic episode that made you appear intoxicated.
  4. The breath- or blood testing equipment was faulty, your samples were contaminated, or the lab techs who calibrated the Intoxilyzer 8000 EN breathalyzer let their certification lapse.
  5. You were never in “actual physical control” of the vehicle, or perhaps you started drinking after you stopped driving.13
  6. Police interrogated you after your arrest without reading you your Miranda rights.
  7. You were stopped at an illegal checkpoint.
  8. Your breath test was taken more than two hours after the arrest.
  9. The car was legally parked, the engine was off, no key was in the ignition, and you were sleeping in the backseat.
  10. You acted out of necessity or due to an emergency situation, and your actions were reasonable under the circumstances.

The most effective methods for fighting drunk driving charges always turn on the facts of the case. Typical evidence criminal defense attorneys rely on includes

  • eyewitness testimony,
  • video footage,
  • medical records, and
  • testimony by expert witnesses.

In sum, the strongest DUI defenses are rarely the dramatic ones people see on television. More often, favorable outcomes come from carefully examining every detail of the investigation—from why the officer initiated the traffic stop to how the field sobriety tests were administered and whether the breath or blood test complied with Nevada law.

We have seen cases that initially appeared unwinnable become much stronger after uncovering constitutional violations, unreliable scientific evidence, or inconsistencies in the officers’ reports. Our approach is to leave no piece of evidence unexamined in order to maximize the chances of obtaining a dismissal, a reduction to reckless driving, or an acquittal at trial.

12. Plea Bargains and Trials

In many cases, it is possible to get a DUI reduced to reckless driving or even dismissed – the best case scenario in Nevada. If both sides cannot agree on a plea bargain, you always have the option of going to trial.

However, since a DUI-2nd is just a misdemeanor, you can have only a bench trial – where the judge determines the verdict – and not a jury trial. In practice, juries are more likely to hand down a “not guilty” verdict than judges are.14

In our experience, many second DUI cases are resolved without ever going to trial because both sides recognize weaknesses in the evidence. Our goal is always to position the case for the best possible outcome, whether that means negotiating a reduction to reckless driving, securing a dismissal, or presenting the strongest defense at a bench trial.

Although judges—not juries—decide misdemeanor DUI trials in Nevada, that does not mean trial is the wrong choice. When the prosecution cannot prove its case beyond a reasonable doubt, taking the case to trial may be the best path to protecting our clients’ licenses, criminal records, and futures.

13. Sealing a DUI Second Record

DUI-second convictions cannot be sealed from your Nevada criminal record until seven years have passed since the case closed. That is why we fight so hard to get the charge either:

  • reduced to reckless driving, which has only a one-year record sealing wait time; or
  • dismissed, which allows us to pursue a seal right away.15

Many clients are surprised to learn that completing probation does not automatically remove a DUI from their criminal record. In fact, unlike some states, Nevada does not offer automatic sealing after a certain amount of time has passed: You or your attorney has to file a petition to seal.

Learn how to seal Nevada DUI criminal records. Having a clean background check greatly improves your prospects for employment, professional licenses, housing, and education.

14. Refusing the Chemical Test

Nevada law requires you to submit to an evidentiary breath or blood test (“chemical test”) following any DUI arrest. Refusing can make a second DUI case significantly more complicated.

Under Nevada’s implied consent law, the officer may obtain a warrant to collect a blood sample despite your refusal. If you still refuse, the officer may physically restrain you to obtain the sample.

Refusing a chemical test does not automatically result in a DUI conviction, but prosecutors can use it as evidence that you were driving under the influence.

Separately, the Nevada DMV will seek to revoke your driver’s license for refusing the test, and you have only seven days to request a DMV hearing to challenge that revocation. The length of the revocation is an extra one year for a first refusal, and an extra three years if you have prior refusals in the last seven years. This one- or three-year revocation stands even if your underlying DUI case gets dismissed!

In our experience, many clients refuse testing because they panic, misunderstand the officer’s instructions, or mistakenly believe refusing will prevent prosecutors from obtaining evidence. In reality, refusal often creates additional legal issues without ending the investigation. We carefully review every step of the encounter—from whether the officer lawfully requested the test to whether the blood draw complied with constitutional and statutory requirements—in search of “weak links” in the state’s case that can help both your defense in criminal court and the DMV hearing.

Defendant and attorney in a wooden courtroom, and they are shaking hands after the judge handed them a victory
For a first DUI offense in Nevada, judges usually let you avoid jail. If you pick up a second DUI within seven years, however, courts must impose at least 20 days behind bars.

Frequently Asked Questions

Do my prior DUIs count?

Any past misdemeanor DUIs count as “priors” in Nevada as long as they occurred within the last seven years. If your last misdemeanor DUI was more than seven years ago, then any new DUI you pick up will be prosecuted as your first.

If you have a past felony DUI however, that will cause your next DUI to be prosecuted as a felony no matter how much time has passed.

Does it matter where my prior DUIs happened?

No. Nevada law counts prior DUIs from any U.S. state or territory.

We regularly represent people who recently moved to Nevada and are surprised to learn that an out-of-state DUI may still count here. One of the first things we do is examine the prior conviction to determine whether it actually qualifies under Nevada law. In some cases, the prosecutor’s assumption that an out-of-state conviction counts may not hold up after a closer legal analysis.

Do I have to do jail?

DUI-2nds in Nevada have a 20-day mandatory minimum jail sentence. However, you may be able to serve the sentence in two-day chunks or possibly at home.

In addition to jail, second DUIs carry:

  • A 6-month suspended jail sentence,
  • Up to $1,000 in fines,
  • DUI School,
  • Victim Impact Panel, and
  • A drug/alcohol evaluation.

Many people call us believing they will have to spend 20 consecutive days behind bars and lose their jobs. In reality, judges often have flexibility in how the sentence is served, and our goal is always to minimize the disruption to our clients’ work and family obligations while complying with the court’s requirements. Exploring every available sentencing alternative is an important part of our representation.

What is DUI Treatment Court?

DUI Treatment Court is an intensive rehabilitation program you can ask the court to do in exchange for serving only five days in jail rather than the 20-day mandatory minimum. Upon successful completion, your Nevada DUI charge can be reduced to reckless driving.

For clients struggling with alcohol or substance abuse, DUI Treatment Court can be life-changing. We have seen clients not only reduce the criminal consequences of their case but also regain control of their lives through treatment and accountability. While the program is demanding and not appropriate for everyone, it is often worth exploring for eligible defendants.

What if I violate probation?

If you fail to complete any term of your Nevada DUI sentence, the judge can revoke your probation, un-suspend your six-month suspended jail sentence, and remand you to jail to serve out your sentence. However, the judge may be willing to give you a second chance at completing probation.

Missing a class, failing to install an IID on time, or falling behind on counseling does not necessarily mean all hope is lost. We have helped clients explain legitimate setbacks to the court and request additional time or modified conditions instead of immediate jail. Addressing a probation issue early usually produces much better results than waiting until a warrant has been issued.

Can a Nevada DUI be dismissed or reduced to reckless driving?

It is possible depending on the strength of the state’s case. As long as we can cobble together enough evidence to raise a “reasonable doubt” as to your guilt, the prosecutor may be willing to drop or lessen the charge.

In our experience, clients often assume a failed breath or blood test means the case is unwinnable. That is rarely the end of the story. Every DUI investigation involves constitutional requirements, scientific evidence, and police procedures that must withstand scrutiny. We have resolved many cases favorably by uncovering weaknesses that were not obvious when the client first contacted us.

Will I lose my license?

DUI-seconds in Nevada trigger a one-year license revocation, though you should be able to continue driving with an IID in your car. However, it is possible to contest your license revocation at a DMV hearing as long as you, or your attorney, request the hearing in time.

When do I get a DMV hearing?

We have seven days after you receive your “notice of license revocation” to request a DMV hearing in Nevada.

You receive this notice right away after your arrest if you took the breath test (or refused to take any test). If you took the blood test, you will receive this notice in the mail along with your blood test results.

Is a second DUI in Nevada a felony?

No. A second DUI within seven years is generally prosecuted as a misdemeanor, not a felony. However, a DUI may become a felony if it is your third DUI within seven years or if it involves death, substantial bodily harm, or certain prior felony DUI convictions.

In our experience, many clients assume a second DUI automatically means felony charges. Explaining the distinction early often helps reduce unnecessary anxiety while allowing us to focus on building the strongest possible defense to the misdemeanor case.

What if my first DUI was reduced to reckless driving?

It depends. Some reckless driving convictions entered as part of a DUI plea bargain still qualify as prior offenses under Nevada law, while ordinary reckless driving convictions generally do not.

We always review the paperwork from any prior case before advising clients. The title of the conviction alone does not always determine whether prosecutors can use it to enhance a new DUI charge.

Can I refuse a breath or blood test after a second DUI arrest?

No. Nevada’s implied consent law generally requires drivers lawfully arrested for DUI to submit to evidentiary chemical testing. Refusing a test can lead to additional administrative consequences, including a separate license revocation.

Can I travel or leave Nevada while my case is pending?

Usually yes, but you must continue appearing for all required court hearings unless the judge excuses your absence. Defendants represented by counsel can avoid appearing personally at many court dates.

Many of our clients live outside Nevada or travel frequently for work. We do everything possible to minimize unnecessary court appearances while ensuring the case continues moving toward the best available resolution.

Will a second DUI affect my job?

It can. Depending on your occupation, a Nevada DUI conviction may affect commercial driving privileges, professional licenses, employer policies, or background checks.

One of the first questions we ask new clients is what they do for a living. Understanding the potential employment consequences helps us develop a defense strategy that protects not only the criminal case but also our client’s career whenever possible.

Can I get house arrest instead of jail?

Possibly. Depending on the Nevada court, the circumstances of your DUI case, and your eligibility, the judge may permit alternatives such as residential confinement or serving portions of the sentence in a manner authorized by law.

In our experience, sentencing options vary considerably between courts and judges. We routinely advocate for alternatives that allow our clients to continue supporting their families while still satisfying the court’s sentencing requirements.

What happens if my prior DUI was from another country?

Nevada law recognizes qualifying prior DUI convictions only from U.S. states and territories. Foreign convictions usually are not treated the same way, though the facts of every case should be reviewed carefully.

We occasionally represent clients who have prior alcohol-related driving offenses from outside the United States. Determining whether those offenses have any legal effect in Nevada requires a careful review of the applicable statutes and the prior proceedings.

How soon can I get a record seal?

DUI-second convictions must remain on your Nevada criminal record for seven years before you can petition for a record seal. Though if the case is dismissed, you can petition for a seal right away.

Can I be charged with a second DUI if I have a commercial driver’s license (CDL)?

Yes. Commercial drivers are held to stricter standards than other motorists in Nevada. If you are operating a commercial motor vehicle, you can be convicted of DUI with a blood alcohol concentration (BAC) of 0.04% or higher instead of the usual 0.08% limit. In addition, a DUI conviction in either your commercial vehicle or your personal vehicle can affect your commercial driving privileges.

A first DUI generally results in a one-year CDL disqualification. If you were transporting hazardous materials requiring a hazmat endorsement at the time of the offense, the CDL disqualification increases to three years. A second DUI generally results in a lifetime CDL disqualification.

In our experience, commercial drivers often have more at stake than anyone else charged with DUI because their livelihood depends on keeping a valid CDL. We understand that losing a commercial license can mean losing a career built over many years. Our goal is not only to defend the criminal case but also to pursue every available strategy to protect our clients’ driving privileges and minimize the professional consequences of a DUI arrest.

What if I am under 21 and get a second DUI?

Drivers under 21 are subject to Nevada’s zero-tolerance law. If your BAC is 0.02% or higher but less than 0.08%, the DMV will suspend your driver’s license for 90 days, even if you are not charged with criminal DUI.

If your BAC is 0.08% or higher, or you are otherwise under the influence of alcohol or drugs, you may be prosecuted under Nevada’s regular DUI laws and face the standard penalties. A second DUI is a misdemeanor that carries:

  • 20 days to six months in jail,
  • a one-year license revocation,
  • DUI school,
  • a victim impact panel,
  • alcohol/drug evaluation, and
  • fines of $750 to $1,000 (plus court costs).

In our experience, younger drivers and their families are often surprised to learn that even a relatively low BAC can lead to a lengthy license suspension before any criminal case is resolved. We work to protect our clients’ driving privileges whenever possible while also pursuing the best outcome in court, recognizing that a DUI can affect college admissions, scholarships, military opportunities, and future employment long after the case is over.

Do I need an attorney?

Having a Nevada attorney greatly increases your odds of getting your second-time DUI charge reduced or dismissed. We conduct our own investigation and go over every piece of evidence with a fine-tooth comb in search of all the instances where the police failed to follow proper procedures.

Afterwards, we would explain to the prosecutors how their case is too holey to sustain a guilty verdict at trial. If the D.A. agrees, they may agree to a favorable plea deal.

Public defenders simply lack the time and resources to thoroughly work up each case. Oftentimes they do not look at your file until the court date, and good luck getting a phone call back.

If you want to fight your second DUI charge and try to avoid the 20-day mandatory minimum jail sentence, hiring experienced private counsel is the only way.

Additional Resources

For more information about Nevada DUI laws, refer to the following:


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