Don't Face The Justice System Alone, Let Us Be Your Guide.

Call For A Free Consultation - (508) 952-6565

Don't Face The Justice System Alone, Let Us Be Your Guide.

Call For A Free Consultation - (508) 952-6565

Cape Cod OUI & DUI Criminal Defense Attorneys

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20+ Years Experience
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Personalized Consultation
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Former Prosecutor
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Excellent Client Reviews

Matthew P. Kelley, Attorney at Law, is a leading Cape Cod-based law firm specializing in criminal defense, DUI/OUI representation, and juvenile crimes. Attorney Matthew P. Kelley brings his extensive experience to consistently achieve excellent results for his clients on Cape Cod and throughout Southeastern Massachusetts.

Handling felony and misdemeanor cases in both District and Superior Courts

Attorney Matthew Kelley is a former prosecutor who leads our dynamic and extensive criminal defense practice. Since leaving the District Attorney’s Office, Attorney Kelley has committed himself to providing his clients with the highest level of legal representation available. Our firm understands that being charged with a crime is stressful and difficult. From the first meeting, all of our clients are provided with a comprehensive overview of the court process, an honest assessment of their case, and the options they have going forward.

If going to trial is necessary, we pride ourselves on winning cases that cannot be settled through negotiation. Whether a magistrate’s hearing, an evidentiary motion, or a trial by a judge or jury, Matthew P. Kelley delivers superior representation to all of our clients.

DUI/OUI Drunk Driving Defense

Our far-reaching and diverse criminal defense practice spans many types of DUI/OUI cases. Whether you are facing misdemeanor or felony drunk driving charges, Matthew P. Kelley will stand beside you every step of the way to ensure your rights are upheld and protected.

 1st Offense DUI/OUI: First DUI/OUI offenses can result in up to 2.5 years in jail, fines from $500 to $5,000, and a license suspension of up to one year. Convicted defendants may also be required to complete an alcohol education program and deal with higher insurance premiums.

2nd Offense DUI/OUI: Second DUI/OUI offenses impose harsher penalties, including 60 days to 2.5 years in jail, fines ranging from $600 to $10,000, and a two-year license suspension. Offenders are also required to install an Ignition Interlock Device (IID) and complete a 14-day treatment program.

 3rd Offense DUI/OUIs: A third DUI/OUI offense is considered a felony in Massachusetts. A conviction can result in 180 to 5 years in prison, fines from $1,000 to $15,000, and an eight-year license suspension. Mandatory IID installation and attendance in a substance abuse program are also required. 

4th Offense DUI/OUIs: A fourth DUI/OUI offense carries significant consequences, including 2 to 5 years in state prison, fines between $1,500 to $25,000, and a ten-year license suspension. There will also be a mandated installation of an IID and strict monitoring during probation.

Breath Test Refusal: Refusing a breath test triggers an automatic suspension of one's license for 180 days for first offenses, three years for second offenses, and five years for a third offense. Refusal can also be used as evidence against the defendant in court, negatively impacting the outcome of their case.

License Suspension Defense In Cape Cod: There are many tactics that an attorney can use to defend their clients against license suspension in Cape Cod. This includes challenging the legality of the traffic stop, the accuracy of breathalyzer tests, and uncovering procedural errors. A successful defense aims to overturn the suspension, preserving the defendant’s driving privileges and avoiding additional consequences.

Massachusetts Drunk Driving Laws Explained

Massachusetts has strict laws against drunk driving, with penalties increasing for repeat offenders. Consequences include jail time, large fines, and license suspension. The legal blood alcohol concentration (BAC) limit for drivers is 0.08% and 0.02% for individuals under 21. Exceeding these limits is grounds for DUI/OUI charges, with punishments increasing for higher BAC levels.

What Not To Do If You’re Arrested For DUI/OUI In Massachusetts

If you are pulled over for DUI/OUI in Massachusetts, don’t resist arrest, make incriminating statements, refuse your right to legal representation, or skip your court date. You should also avoid arguing or negotiating with the officer. Instead, be sure to remain calm, comply with directions, and contact a trusted DUI/OUI attorney as soon as possible.

Aggressive DUI/OUI/DWI Attorneys In West Harwich

Matthew P. Kelley has managed hundreds of DUI/OUI cases in Massachusetts. Drawing from his diverse background as a prosecutor and defense lawyer, Mr. Kelley knows the tactics other parties use to achieve convictions. By making calculated legal decisions, he is able to build a viable case around his knowledge of prosecuting strategies and use his skills to the advantage of his clients.

How To Defend Your License After DUI/OUI In Massachusetts

If you are facing license suspension in Massachusetts, Matthew P. Kelley will represent you at the Registry of Motor Vehicles. The steps in a court hearing for license suspension involve the following:

1: Notice Of Suspension: Receiving a notice detailing the suspension and the reason for it.

2: Request A Hearing: File a request for a hearing with the Registry of Motor Vehicles (RMV).

3: Pre-Hearing Preparation: Our firm will help you gather evidence, review the case, and establish a clear plan of action to take.

4: RMV Hearing: Attend the hearing. Here, both sides will present their arguments regarding the suspension.

5: RMV Decision: The RMV hearing officer will issue a decision to either uphold, modify, or overturn the suspension.

6: Appeal: If the outcome is unfavorable, we will help you file an appeal in the district court for further review.

Recent Articles

Defense attorney representing clients in date rape drug charge cases - Matthew P. Kelley, Attorney at Law
Challenges Of Defending Date Rape Drug Charges

Date rape is one of the more common types of sexual assault. In many cases, assault happens among acquaintances, which can make the case difficult to prosecute and defend. In recent times, date rape drug charges have become a public...Read More

A man drinking liquor while driving, with police chasing him - Matthew P. Kelley, Attorney at Law
What You Need To Know After You Are Arrested For OUI In Massachusetts

Being pulled over and arrested on OUI charges in Massachusetts can be upsetting and disorienting. You’re unsure of your options, and the legal system feels stacked against you. An arrest doesn’t just ruin a weekend; the impacts can be significant...Read More

Drugs, scattered money, and handcuffs on black background, symbolizing drug possession - Matthew P. Kelley, Attorney At Law
What You Need To Know About Drug Charges In Massachusetts

Drug charges are among the most common and stressful legal issues, often carrying disproportionate penalties that can impact every aspect of your life and future for years to come. This article explains the essentials of Massachusetts drug charges that everyone...Read More

Cape Cod Attorneys Specializing In Juvenile Criminal Defense

If your child has been charged with a crime, it can be difficult to know where to turn. In these situations, the best thing you can do is contact a reputable criminal defense lawyer who experienced in such matters.

Our firm understands the sensitive and upsetting nature of juvenile criminal cases for parents. That’s why we make it our goal to provide personalized and hands-on representation for all of our clients. By working together, we will establish a clear plan of action that puts your best interests and those of your child first.

Common Defenses Against Sexual Assault Charges In Massachusetts

Sexual assault charges in Massachusetts are complex and challenging to navigate. Given that there are usually no witnesses, these cases are usually based on the plaintiff's word, along with other circumstantial and direct evidence. 

Some common defenses used against sexual assault charges include:

Consent: Consent is central in any sexual assault case. While defendants often argue the encounter was consensual, proving this can be challenging – especially when there are conflicting accounts of the event.

Factors such as intoxication, coercion, or incapacity can complicate the assessment of consent as well, which is why working with a qualified sexual assault defense lawyer is essential.

Lack Of Evidence: In some cases, defendants may argue insufficient evidence to prove beyond a reasonable doubt that a sexual assault occurred. Strategies employed may include challenging the credibility of the accuser's testimony, inconsistencies in evidence, or the absence of physical evidence.

False Accusations: Defendants may assert that they have been falsely accused of sexual assault stemming from motives such as revenge, jealousy, or seeking attention. Proving this can be difficult, but with the guidance of an adept lawyer, it becomes more achievable.

Statute Of Limitations: In Massachusetts, there are limits to the timeframe within which a sexual assault case can be prosecuted. Defendants can argue that the statute of limitations has expired, barring prosecution for the alleged offense.

How To Find Us?

Matthew P. Kelley, Attorney At Law, Is Here To Serve Your Needs. Our firm is proud to serve clients living on Cape Cod in the towns of West Harwich, Barnstable, Orleans, Dennis, Yarmouth, and the rest of Southeastern Massachusetts.


Address: 72 MA-Rte 28, Unit #1, West Harwich, MA 02671


Phone: (508) 952-6565


Office Hours: Monday - Friday: (8:00AM – 6:00PM)


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Schedule A Consultation

If you were charged with a crime in Massachusetts, we’re here to help. We will do whatever’s necessary to preserve your rights and secure your legal welfare. No matter what your situation may be, Matthew P. Kelley stands with you. To get started with a free case evaluation, do not hesitate to contact us at (508) 952-6565 today!

Penalties For DUI/OUI & Related Offenses In Massachusetts

Two young boys eating a meal in a jail cell

Charged with a DUI/OUI? Unsure of your options going forward? DUI/OUI charges in Massachusetts have serious consequences. Every decision you make after being charged with a DUI/OUI can have a significant impact on your life – which is why hiring a reputable defense lawyer is so critical. 

Penalties for underage DUI/OUI can include fines, license suspension, mandatory alcohol education programs, and even jail time for repeat offenses. 

A DUI/OUI conviction, even for an underage offender, can result in a criminal record that can have long-term consequences for employment, education, and other opportunities. 

Matthew Kelley is a DUI/OUI lawyer who has extensive experience prosecuting and defending individuals facing charges, often seeking alternatives to conviction, such as diversion programs or plea bargains, to avoid a permanent mark on the defendant’s record. He has helped thousands of clients achieve excellent results – and he’s prepared to do the same for you.

Date Rape Drug Defense Lawyer Near Yarmouth, MA

Date rape involves sexual assault by someone known to the victim and the use of drugs like Rohypnol, Ketamine, or GHB. Working with a defense lawyer experienced in date rape cases is the best way to establish a viable legal strategy. With our firm’s guidance, you will be able to challenge consent, dispute the presence of date rape drugs, establish alibies or alternative explanations, and question the accuser’s credibility. Whatever the specifics of your situation, if you were charged with a date rape crime in Massachusetts, it is critical to speak with a lawyer as soon as possible.

Question mark punctuationMassachusetts Criminal Defense FAQs

A: Being accused of using date rape drugs is very serious. With penalties including hefty fines and jail time, it is vital to work with the guidance of an experienced drug crimes lawyer. They can employ strategies arguing lack of evidence, disputing the alleged victim’s account, and highlighting alternative explanations for their condition. A skilled defense attorney may also question the reliability of witness testimony, assert a lack of intent, and ensure adherence to due process – aiming to cast doubt on the prosecution’s case while protecting the defendant’s rights.
A: The legal consequences of DUI/OUI in Massachusetts can be severe. They can include license suspension, fines, mandatory classes, and a permanent mark on the defendant’s record. The best way to prevent these penalties is to retain a reputable DUI/OUI defense lawyer who has experience representing these cases. With their help, you will be able to defend yourself against these charges and productively negotiate with prosecutors.
A: If you were falsely accused of sexual assault, the first thing you should do is contact a criminal defense lawyer. Under no circumstances should you speak with law enforcement without legal representation present. If charges are brought against you, your attorney will help you pursue a viable legal plan by constructing a strong defense in your favor.
A: If your child is charged with a crime, an attorney can help construct a case that seeks the best outcome available. This can include alternative strategies to help your child avoid a conviction and other negotiation methods. Most importantly, a lawyer will ensure your child’s rights are protected, and they are treated fairly and justly by prosecuting parties.
A: A second DUI/OUI conviction can lead to jail time ranging from 60 days to 2.5 years. The state imposes more severe penalties for repeat offenders, including mandatory treatment programs, longer license suspensions, and the installation of an Ignition Interlock Device (IID).
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