Massachusetts Operating Under the Influence/OUI. Young professional was charged by Massachusetts police with operating motor vehicle while under the influence as a second offense – a serious offense that calls for mandatory jail. The client’s first offense occurred 12 years earlier. By immediately counseling our client to enroll in intensive treatment, we were able to demonstrate to the prosecutor and the court that he is committed to resolving his substance abuse issues. The court agreed to sanctions that did NOT include any jail. Oftentimes, the most successful legal defense to a DUI/OUI offense is counseling and negotiation instead of litigation.