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 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. In his most recent success he was granted a Judgement against the Department of Public Safety for Attorney’s fees in the Amount of $ 33,428.80, and $11,234 has now accomplished this 9 times, and has received a total of attorney’s fees from DPS of over $95,420 in these kinds of cases.
Mr. Fabian also has obtained injunctions and attorney’s fees 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. The City of Catoosa in Rogers pair Mr. Fabian approximately $4000 for attorney’s fees in an open records case and the City of Claremore has paid Mr. Fabian over $106,000 in Attorney’s fees for violations of the Open records act by refusing to produce it’s records for review.
These actions by Mr. Fabian have saved Defense Attorney's throughout the state countless hours of discovery time in obtaining video tapes from DPS and other Law Enforcement Agencies. 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 and all members of his staff have be issued Permits by the Board of Tests for Alcohol and Drug Influence to be able to give tests on the Currently used Intoxilyzer 8000. He is also qualified by NHTSA (National Highway Traffic Safety Administration) to conduct Standardized Field Sobriety Tests.
He was trained at Axion Labs in Chicago on how to run a Gas Chromatograph Test for Blood to determine alcohol in the system. He was trained at the University of Texas, Arlington, on Liquid Chromatography for the Testing of Alcohol, Drugs, and other illegal substances in the Blood.
He’s done over 40 appellate court cases, a few of which are listed below.
Areas of Practice
- Driver's License Cases
- Oklahoma, 1973
- 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 - 00/1973
- Wichita State University, Wichita, Kansas
- B.A., Bachelor of Arts - 00/1968
- Miller v. State ex rel. Dept. of Public Safety, 1996 OK CIV APP 71, 926 P.2d 797(0kla.App. Div. 3 1996)
- Capps v. Dept. of Public Safety, Oklahoma County District Court Case , # CJ-94-777
- Capps v. Dept. of Public Safety, Oklahoma County District Court , CJ-95-1851
- Murray v. Department of Public Safety, Pottawatomie County, No. C-2000-415
- Chase v. State ex rel. Dept. of Public Safety, 1990 WL 43814, 1990, Okla.
- Manning v. state ex rel. Department of Public Safety, 71 P.3d 527, 2003 OK CIV APP 57 (Okla. Civ. App., 2003)
- McCown v. state ex rel. Department of Public Safety, 74 P.3d 623, 2003 OK CIV APP 66 (Okla. Civ. App., 2003)
- Cooper v. State ex rel. Dept. of Public Safety, 917 P.2d 466, 1996 OK 49 (Okla., 1996)
- Muratore v. State ex rel. Dept. of Public Safety, 320 P.3d 1024 (Okla., 2014)
- 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
- Speaker, Presidential Commission on Drinking Driving
- Speaker, Oklahoma Downtown Rotary
- Speaker, Northwest Rotary
- Speaker, Harrah Lions
- Speaker, Chandler Rotary
- Speaker, American Association of Motor Vehicle Administrators
- Speaker, Edmond Morning Ambucs
- Trainer, Oklahoma Highway Patrol
- Trainer, Edmond Police Department
- Trainer, Warr Acres Police Department
Professional Associations and Memberships
- Oklahoma Bar Association, Member
- American Bar Association, Member
- Oklahoma Criminal Defense Lawyers Association, Member
- National Association of Criminal Defense Lawyers, Member
- Minnesota Criminal Defense Lawyers Association, Member
- Texas Criminal Defense Lawyers Association, Member
- Edmond Bar Association, Past President and Founder
- Presidential Commission on Drinking and Driving
- National Association of Motor Vehicle Administrators
- National College for DUI Defense (NCDD), Member
Past Employment Positions
- Oklahoma Department of Public Safety ("DPS"), Legal Advisor
- Oklahoma Highway Patrol, Legal Advisor
- Statewide Alcohol Countermeasure Task Force, 1973 to 1973
- Sedgwick County Kansas, Sheriff's Office under former Kansas Attorney General Vern Miller
- Phi Alpha Delta