A practicing attorney in Oklahoma since 1973, Mr. Fabian was formerly the General Counsel for, and legal advisor to, the Oklahoma Department of Public Safety ("DPS") and the Oklahoma Highway Patrol where he worked for fourteen years. During this time, he organized the first Statewide Alcohol Countermeasure Task Force operation in 1973. He created and implemented, the newly revised Implied Consent Laws (revocation of driver's licenses for alcohol related arrests) for Oklahoma in 1983. and trained all Oklahoma Police Officers in the implementation of this new system. Mr. Fabian taught in all of the Breathlyzer Training Courses during his tenure with the DPS, along with Training regarding the laws of Search and Seizure and Laws of Arrest at the OHP Patrol Academies.
Mr. Fabian left the DPS in 1986, and now limits his practice to the area of DUI and driver's license matters. He has defended literally THOUSANDS of persons with these types of cases. Untold numbers of these clients which had been arrested for DUI NEVER lost their driver's license because of his representation. He has tried several Thousands of cases (in almost every court in Oklahoma) to both Judges AND Juries in matters as simple as traffic tickets and as complicated as DUI- related Vehicular Homicides. Mr. Fabian is the ONLY attorney in the State of Oklahoma EVER to have been awarded attorney's fees against the DPS in driver's license cases arising out of a DUI. He has accomplished this feat FIVE (5) separate times, and has received just under $30,000 from the DPS! He has taken several dozen cases to the Oklahoma Supreme Court and has had twenty-Nine (29) of these published. In fact, no privately practicing attorney in Oklahoma has had more published cases on the topic of DUI and/or driver's license matters than Mr. Fabian.
Frequently sought out as a speaker or a trainer, Mr. Fabian has conducted continuing legal education seminars to attorneys for the Oklahoma Bar Association, the Oklahoma County Bar Association, and the Oklahoma Criminal Defense Lawyers Association. He has spoken before the Presidential Commission on Drinking Driving, the Oklahoma Downtown Rotary, Northwest Rotary, Harrah Lions, Chandler Rotary, American Association of Motor Vehicle Administrators, and the Edmond Morning Ambucs. He has done training courses for the Oklahoma Highway Patrol and the Edmond and Warr Acres Police Departments.
Mr. Fabian is a member of the National College for DUI Defense (*NCDD*) and is a Six (6) time graduate of its trial college conducted at Cambridge Mass. He is a member of the Oklahoma Bar Association, American Bar Association, Oklahoma Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers, Minnesota Criminal Defense Lawyers Association, and the Edmond Bar Association. He is admitted to practice before all Oklahoma Courts, the Federal District Courts in all three Districts in Oklahoma, the 10th Circuit Court of Appeals, and the United States Supreme Court. Mr. Fabian has recently been awarded a Certification from the National Highway Traffic Safety Administration Qualifying him as a Standardized Field Sobriety Test Administrator. He has also been certified by the Oklahoma Board of Tests for Alcohol and Drug Influence, as a Operator and Maintenance Supervisor for the CMI Intoxilyzer 5000D, which is in use in Oklahoma. The first lawyer in Oklahoma to be awarded that Distinction. He maintains his own Intoxilyzer Machine at his office.
Recently After several months of some rather painstaking research and open records searches, Mr. Fabian discovered that certain equipment being used in Oklahoma's chemical testing program was never approved by the Board of Tests ( a requirement under Oklahoma Law). The Governments attempt to hide their mistake, failed under Mr. Fabian's scrutiny . His work will save many hundreds of drivers from having their Driver's license revoked improperly. The Oklahoma Board of Test for Alcohol and Drug Influence has indicated they recalled some 95 pieces of equipment and had to replace the unapproved equipment with older, out of production equipment.
Mr. Fabian Renowned 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 in Oklahoma. Considered as a formidable opponent by all prosecutors state-wide, Mr. Fabian has few, if ANY, peers in his defense of his clients arrested for DUI and the related driver's license problems that come with these arrests.