Drug & Alcohol Testing FAQ

Common alcohol testing questions

Testing employees for alcohol tends to produce some questions for motor carriers and drivers. From determining when to perform a random test to how to treat a positive one, motor carriers must develop a firm grasp of what's required to address the situation.

The basics

Employees who operate commercial motor vehicles (CMVs) requiring a commercial drivers license (CDL) must adhere to the standards described in Subpart B of Part 382 of the Federal Motor Carrier Safety Regulations. This part states that a driver must avoid alcohol:

• Up to four hours before and while performing safety-sensitive functions;
• During the eight hours following an accident or until the driver undergoes a post-accident test; and
• After refusing to take a required test.

If a driver does test positive, he or she is not allowed to remain on duty or perform safety-sensitive functions when registering a blood alcohol content (BAC) level of 0.04 or greater. If a driver registers a BAC of 0.02 or greater but less than 0.04, the driver is not permitted to perform safety-related functions for at least 24 hours.

Common questions

Here are some of the primary questions that motor carriers have regarding testing drivers for alcohol.

Q: When can you test for alcohol?

A: Testing can occur right before, during, or right after a driver performs a safety-sensitive function.

Q: Does a driving under the influence (DUI) violation in a personal vehicle require the DOT return-to-duty process?

A: Unless a citation is issued while operating a CMV that requires a CDL, the DUI is strictly a licensing issue and not a violation under §382.

Q: Is a BAC of 0.02 or greater but less than 0.04 a DOT prohibition?

A: No, because at minimum, the driver must be removed from duty for 24 hours following the test. Any additional corrective actions would be based on company policies, but the policies do not include a substance abuse professional program.

Q: How much advanced notice should a driver receive before a random alcohol test?

A: Once a driver has been notified of the test, he or she must take the test immediately at the collection site, as required in §382.305(l). If the driver is performing a safety-sensitive function, he or she must cease action and proceed to the facility as soon as possible. If a driver arrives outside a reasonable time frame, it is considered a refusal to be tested, which is a violation.