DOT Drug & Alcohol Testing: Every Requirement Explained
If you operate a commercial motor vehicle, you're subject to DOT drug and alcohol testing — even if you're a single owner-operator with no employees. Here's every type of test, when they're required, and what happens when something goes wrong.
Who Must Be Tested?
Any driver who operates a commercial motor vehicle (CMV) requiring a CDL is subject to DOT drug and alcohol testing under 49 CFR Part 382. This includes:
- Company drivers (W-2 employees)
- Owner-operators under their own authority
- Owner-operators leased to a carrier
- Anyone driving a vehicle over 26,001 lbs GVWR
- Anyone driving a vehicle designed to transport 16+ passengers
- Anyone transporting hazardous materials requiring placards
The 6 Types of DOT Drug & Alcohol Tests
Pre-Employment
Required before any driver performs safety-sensitive functions. Must receive a verified negative result before the driver can drive. Also includes a pre-employment Clearinghouse query (full query).
Random
Your consortium uses a scientifically valid random selection method to choose drivers for testing. You must submit to the test within the time frame specified when notified — typically the same day or next business day.
Post-Accident
Required when a driver is involved in an accident that results in:
- A fatality (always required, regardless of fault)
- Bodily injury requiring immediate medical treatment away from the scene AND the driver received a citation
- A vehicle towed from the scene AND the driver received a citation
Reasonable Suspicion
A supervisor trained in reasonable suspicion indicators (required training under Part 382) observes specific behaviors or physical signs suggesting drug or alcohol use. The observation must be documented in writing.
Return-to-Duty
If a driver has violated the drug and alcohol regulations (positive test, refusal, or alcohol concentration of 0.04 or greater), they must complete the return-to-duty process before driving again. This includes evaluation by a Substance Abuse Professional (SAP).
Follow-Up
After a driver returns to duty following a violation, the SAP determines a follow-up testing plan. Minimum of 6 tests in the first 12 months, and the SAP can require follow-up testing for up to 60 months.
What Substances Are Tested?
DOT Drug Panel (5-Panel)
- Marijuana (THC)
- Cocaine
- Amphetamines (including methamphetamine, MDMA)
- Opioids (codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone)
- Phencyclidine (PCP)
Alcohol Testing
- Below 0.02: Negative — cleared to drive
- 0.02-0.039: Not a positive result, but you're removed from safety-sensitive functions for 24 hours
- 0.04 or above: Positive violation — same consequences as a positive drug test
The FMCSA Clearinghouse
Since January 2020, all drug and alcohol violations for CDL drivers are reported to the FMCSA Drug & Alcohol Clearinghouse — a federal database that employers must check before hiring and annually thereafter.
For Employers (Including Owner-Operators)
- Pre-employment: Run a full query before hiring any CDL driver ($1.25 per query)
- Annual: Run a limited query on every current driver at least once per year
- Report violations: Must report positive tests, refusals, and violations within specified timeframes
- Register: Must be registered as an employer at clearinghouse.fmcsa.dot.gov
For Drivers
- Register: Must be registered in the Clearinghouse
- Consent: Must consent to full queries (electronic consent required)
- View your record: You can check your own record for free at any time
- Violations stay: Records remain in the Clearinghouse for 5 years (or until you complete the return-to-duty process)
Why This Matters
Before the Clearinghouse, a driver could test positive at one company, move to another company, and nobody would know. Now every violation is in a federal database. Every employer must check it. There's no hiding from a positive result anymore.
Drug Testing Consortiums
Unless you're a large fleet with your own testing program, you'll join a consortium — a third-party company that manages your drug and alcohol testing program.
What a Consortium Does
- Maintains the random selection pool
- Conducts random selections using a scientifically valid method
- Coordinates collection site visits
- Manages MRO (Medical Review Officer) reviews
- Keeps records for DOT compliance
- Acts as your Designated Employer Representative (DER)
Typical Costs
What Happens If You Test Positive
Immediate Removal
You are immediately removed from all safety-sensitive functions. You cannot drive a CMV. Period.
Reported to Clearinghouse
The violation is reported to the FMCSA Drug & Alcohol Clearinghouse. Every future employer will see it when they run a query.
SAP Evaluation Required
You must be evaluated by a DOT-qualified Substance Abuse Professional (SAP). The SAP determines what treatment/education you need. Cost: $400-$1,000+.
Complete Treatment
Complete whatever treatment or education the SAP recommends. This varies: could be a class, outpatient program, or inpatient treatment depending on the SAP's assessment.
SAP Follow-Up Evaluation
Return to the SAP for a follow-up evaluation confirming you've completed the recommended treatment.
Return-to-Duty Test
Pass a return-to-duty drug and/or alcohol test (must be verified negative / below 0.02 for alcohol).
Follow-Up Testing
Minimum 6 unannounced follow-up tests in the first 12 months. SAP can extend up to 60 months.
The Real Cost of a Positive Test
What Counts as a "Refusal"?
A refusal to test is treated the same as a positive result. Here's what counts:
Record-Keeping Requirements
| Record | Retention |
|---|---|
| Positive test results | 5 years |
| Negative test results | 1 year |
| Alcohol test results (0.02+) | 5 years |
| Refusal records | 5 years |
| Random selection records | 2 years |
| SAP evaluation/referral records | 5 years |
| Annual summary reports | 5 years |
Need Help With Compliance?
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