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What Happens if You Fail a DOT Drug Test?

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dot drug test

DOT Drug tests aren’t going to win a contest for the best part about trucking any time soon, but all drivers have to take them. DOT Drug tests are required for all “safety-sensitive” employees, and that includes all CDL holders. Normally, the drug tests are pretty routine, but the possibility of failing a drug test can be pretty nerve-wracking. Hopefully, you will pass every DOT Drug test, but if not, here’s what you need to know to get back on your feet.

What is the DOT Drug Test?

The DOT Drug test started with the Omnibus Transportation Employee Testing Act. Essentially, in 1991, the Department of Transportation saw a need for federally regulated drug testing to keep traveling public workers safe. Since then, CDL drivers and other designated employees have to regularly take DOT Drug tests.

Everywhere in the United States, the drug tests are non-invasive and test for a standard list of substances. The drug test looks for evidence of Marijuana, Cocaine, Opiates (any opium and codeine substances), Amphetamines and Methamphetamines, and Phencyclidine (PCP). Each of these substances has a cutoff concentration, and drivers must be below that limit. Drug tests are typically done with a hair or urine test, and saliva or breath tests are used for alcohol. 

When Do Drivers Take the Drug Test?

There are a few times where you can count on getting a DOT Drug test. The first is for a new job. Any time you are starting a new position as a CDL driver, you can count on a DOT drug test. Employers can also test when they have reasonable suspicion that you are under the influence of drugs or alcohol. In this case, their concerns must be based on legitimate observations. That could include appearance, smell, behavior, or similar tip-offs. Finally, employers give random drug tests on a quarterly basis. This doesn’t mean that you will get tested every quarter, but it means that someone will. 

According to DOT regulations, when on duty, drivers are prohibited from specific behaviors including:

  • Being under the influence of alcohol
  • Drug use (including residual amounts in your body)
  • Refusing a DOT Drug test.

What If I Don’t Pass?

If you fail or refuse a DOT drug test, there will be several consequences. You will likely be removed from your job immediately. Employers aren’t required to wait for the final results from the Medical Review Officer (MRO), so you will typically be asked to step away from your job right away. In some cases, you could lose your license or driving endorsements. At the end of the day, the consequences will be a little different depending on your company and your employment agreement. If you believe it was a false positive because of medications or another factor, reach out immediately! You will not be able to give a second sample, but you can ask that the sample is retested. You will need a follow-up appointment and proof of your prescription to validate your claim.

How Do I Get Back To Work?

If you fail or refuse a drug test, there is a separate process for moving forward. While you will likely be asked to immediately step away from your job, that doesn’t mean you will never be able to return to driving. Typically, after drivers fail a drug test, they work closely with a qualified Substance Abuse Professional (SAP) for several months as part of a Return to Duty process. The SAP plans a program that may include some type of rehab and/or education. At this stage, it’s no longer in the hands of your employer. Ultimately, the decisions of the SAP are final. Once the SAP confirms that the driver is healthy and has completed the rehabilitation program, drivers may be eligible to return to work with their previous or a new employer.

Will This Stay on My Record?

Failed DOT Drug tests are recorded in the FMCSA Clearinghouse. Refusals to take a drug test are also documented in the Clearinghouse. The SAP will also stay in touch with drivers who fail or refuse a drug test. Typically, the SAP will follow up with the driver six times in the 12 months after the failed test. Drivers may also be required to take additional drug tests up to five years after the initial failed test.

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CDL Drug Test: 5 Important Facts to Know

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The CDL Drug test and alcohol tests are a standard part of the trucking industry. If you have a CDL job, you’ve likely had more than a few already. For as common as they are though, there are still a lot of questions about how it all works. Get in the know and don’t get caught unaware the next time your employer asks for a random sample or you are preparing to start a new job. Here are 5 of the most important facts about the CDL drug test and alcohol tests.

1. CDL 101: What is the CDL Drug Test and Alcohol Test?

CDL Drug Test

Most drug tests are urine tests that are given at a specific collection site. The most common type is called a 5 panel test, and it detects marijuana, cocaine, amphetamines, opioids, and PCP. Most of these substances leave traces that could show up in a urine test long after the effects you can feel have passed (more than 30 days for some!).

CBD oils and lotions can register on these tests, even if there is little to no THC in the product. Make sure you’re in the know on what you can use.

In addition, if you take prescription medications that could register on a drug test, make sure you have written verification from your prescribing doctor that you are able to safely operate a commercial vehicle while taking that medicine. 

Alcohol Test

Alcohol tests are typically done with a breathalyzer. Drivers cannot work or remain on duty with an alcohol concentration of 0.04 or greater. That’s much lower than the allowed limit for drivers of passenger vehicles. For both men and women, that could mean that even one drink puts you in danger of exceeding the legal limit.

As someone who drives a commercial vehicle for a living, the standards for you on the road are higher than for other drivers both on and off duty. In addition to a lower allowed BAC, commercial drivers are not allowed to have alcohol within four hours of starting their shift. If you are convicted of a DUI or DWI even in your personal vehicle, you must report it to your employer and may face significant consequences for your job.

2. When you can be tested

All trucking companies are required to request a drug test from their drivers prior to employment. Drivers may then be submitted to a random drug test annually for the duration of their employment.

The FMCSA requires companies to test 50% of their number of driver positions annually, so your odds of getting tested are not small.

You also may be required to take a drug test if you’re in an accident. The federal law depends on the type of accident you’re in and particularly whether you receive a citation. The FMCSA laws on this are actually pretty clear cut. However, some companies have stricter requirements, and it’s not uncommon for a company to ask for a CDL Drug Test after every accident. (This may be an insurance requirement or simply to encourage safer driving habits.)

3. How the test works

The most common form of drug test is a urine sample. Typically, the sample is collected and then processed in a lab. It is split into 2 samples: A and B. Sample A is tested. If the sample comes up positive, and you think it is an error, you have 72 hours after learning the results to request that another lab test Sample B to confirm the results. If you take prescription medications that may have triggered a positive result, take action immediately to share the doctor’s note.

 

4. Who gets my results (is this related to the Clearinghouse?)

A positive test result will be shared with your employer, but CDL Drug tests are otherwise confidential. They are, however, on your permanent record in the Clearinghouse.

Future employers can ask to see previous drug and alcohol tests, and past employers must share that information.

While it might seem strict, this rule is in place for driver protection. If you or someone you know is struggling with drug or alcohol abuse, tracking the tests can identify this and help the driver get assistance. Substance abuse may also point to a larger conversation about mental health. Truck driving is a hard, and often lonely career. Know that you are not alone, and get to know your resources. 

5. What happens if I refuse or fail?

Failing a drug test doesn’t automatically mean losing your job, but it is serious. The results of your test will be shared with your employer. It is up to your employer to decide the consequences. That said, the DOT does require that drivers are not allowed to operate a CMV after failing a drug test. In other words, if you are permitted to stay with your company, you won’t be driving. Whether you are at risk of losing your CDL license also depends on your company and the type of accident.

If you refuse to take a drug or alcohol test, that will also be noted on your permanent record. Just like a positive result on a drug test, refusal to complete a drug tests forces you off the road immediately.

You will then need to complete a formal Return to Duty (RTD) process before you are eligible to drive again.

Operating a CMV while on drugs or under the influence of alcohol is dangerous. While these regulations might seem overly strict, prevention is always better than fixing damage when it comes to safety. Staying away from these substances while on the job protects your life, your job, and the lives of everyone else on the road. 

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