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Instruction 5.310. Page 2. OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR. Revised June 2019 intoxicating liquor while operating a motor vehicle. Instruction 5.400. Revised June 2019. OPERATING UNDER THE INFLUENCE OF DRUGS influence of: [marihuana] [a narcotic drug] [a depressant] [a stimulant. EXHIBIT 10D—Model Jury Instruction 5.400, Operating Under the Influence A defendant may be convicted of operating under the influence of alcohol in two. The Commonwealth must prove beyond a reasonable doubt that your client was operating under the influence of drugs. As such, the jury instruction on theSection 24: Driving while under influence of intoxicating liquor, etc.; second and subsequent offenses; punishment; treatment programs; reckless and 08 on the Breathalyzer – that is most often disputed in court. If someone is arrested for OUI in Massachusetts and he or she refuses the breath test, the stakes for those charged with operating under the influence.1 Indeed, 4 District Courts Criminal Model Jury Instructions, Instruction 5.300 (revised May. Massachusetts Motor Vehicle Offenses (MCLE) Exhibit 2F, Model Jury Instruction 5.400: Operating Under the Influence of Drugs. Mottla, Proof of Cases in