1-877-HELP DUI (435-7384) (Toll Free)
Known for his innovative, aggressive and precedent setting defenses in DUI and driver's license cases, Mr. Fabian is dreaded by prosecuting attorneys and police officers throughout Oklahoma. Considered as the most formidable opponent in DUI cases by prosecutors state-wide, Mr. Fabian is recognized by his peers as one of the most formidable and knowledgeable DUI defense attorneys. You would be hard pressed to find another attorney who is as experienced and knowledgeable about DUI's and drivers license issues for those arrested for DUI.
A former police officer, he has been a practicing attorney since 1973. He was General Counsel and Legal Advisor for both the Department of Public Safety and the Oklahoma Highway Patrol. During his fourteen year tenure, he prepared and set up the first statewide DUI Task Force, taught all Breathalyzer Schools, Law enforcement Classes on Laws of Arrest, Search and Seizure, Radar Operation, and Testifying Techniques at the OHP Academy. He has testified before the Presidential Commission on Drinking and Driving, Lectured at the American Association of Motor Vehicle Administrators, and Trained Government Attorneys from around the Country.
In 1983 Oklahoma became the first state to seize drivers licenses at the time of arrest for DUI. Mr. Fabian was responsible for creating the system and the training of approximately 5500 officers statewide. He also worked with other states as they implemented similar legislation.
Since leaving the Department of Public Safety in 1986, Mr. Fabian's practice has been devoted almost exclusively to the Defense of persons accused of DUI and driver's license matters. Mr. Fabian has been the attorney in well over 30 published Opinions in the Oklahoma Appellate Courts, the latest being Fabian & Associates, Inc., P.C. v. Department of Public Safety, 100 P.3d 703, 2004 OK 67. Mr. Fabian has prevailed in over 71% of his appeals.
Mr. Fabian is the ONLY attorney in the State of Oklahoma ever to be awarded attorney fees and costs against the Dept. of Public Safety in Driver's license cases arising out of an arrest for DUI. He has now accomplished this 7 times, and has received over $39,000 in Attorney's fees and currently has over 13 other applications for attorneys cases pending.
Mr. Fabian has obtained injunctions against DPS for violating the Open Records Act. The Oklahoma Supreme Court has ordered attorney's fees to be awarded to Fabian & Associates in cases won by the law firm against DPS for Open Records Act violations. Fabian & Associates also received $6,000.00 in attorney's fees against the Board of Test for violation of the Open Records Act.
These actions by Mr. Fabian have saved Defense Attorney's throughout the state countless hours of discovery time in obtaining video tapes from DPS. He holds the First permit issued to a non-Law Enforcement person to do testing on the Intoxilyzer 5000D and to perform maintenance on the equipment. He is also qualified by NHTSA (National Highway Traffic Safety Administration) to conduct Standardized Field Sobriety Tests.
- Bar Admissions:
- U.S. District Court Eastern District of Oklahoma
- U.S. District Court Northern District of Oklahoma
- U.S. District Court Western District of Oklahoma
- U.S. Court of Appeals 10th Circuit
- U.S. Supreme Court
- Oklahoma City University School of Law, Oklahoma City, Oklahoma,
J.D., Doctor of Jurisprudence
- Wichita State University, Wichita, Kansas,
B.A., Bachelor of Arts
- Representative Cases:
- Chase v. State ex rel. Dept. of Public Safety, 1990 WL 43814 (Okla. 1990)
- Classes/Seminars Taught:
- Speaker, "Continuing Legal Education Seminars to Attorneys, Oklahoma Bar Association
- Speaker, "Continuing Legal Education Seminars to Attorneys, Oklahoma County Bar Association
- Speaker, "Continuing Legal Education Seminars to Attorneys, Oklahoma Criminal Defense Lawyers Association
- Professional Associations and Memberships:
- Oklahoma Bar Association
- American Bar Association
- Oklahoma Criminal Defense Lawyers Association
- National Association of Criminal Defense Lawyers
- Minnesota Criminal Defense Lawyers Association
- Texas Criminal Defense Lawyers Association
- Edmond Bar Association
- Past President and Founder
- Presidential Commission on Drinking and Driving
- National Association of Motor Vehicle Administrators
- Countless Law enforcement Training Sessions
- Past Employment Positions:
- Oklahoma Department of Public Safety ("DPS"), Legal Advisor
- Oklahoma Highway Patrol, Legal Advisor
- Statewide Alcohol Countermeasure Task Force, 1973
- Sedgwick County Kansas, Sheriff's Office under former Kansas Attorney General Vern Miller
- Phi Alpha Delta