DOT enforces specific rules for DOT Post-Accident Drug and Alcohol Tests. However, these rules do not apply to minor accidents, such as fender benders.

When an accident occurs, employers must conduct a DOT Post-Accident Drug Test within 32 hours. Additionally, they should administer a DOT Post-Accident Breath Alcohol Test as soon as possible, but no later than 8 hours.

If the accident does not meet the criteria in the chart below, employers can still choose to conduct a post-accident drug test. However, in this case, the test would not qualify as a DOT test. Instead, the collector would use a Forensic form rather than a Federal one.

The following comes directly from the DOT FMCSA web site.

DOT drug and alcohol tests include

  • Pre-employment

    An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. (§382.301).

  • Post-accident

    Drug and alcohol tests may be required after crashes according to the following chart (§382.303):

Type of Accident Involved Citation Issued to the CMV Driver Test Must Be Performed by Employer
Human Fatality Yes Yes
Human Fatality No Yes
Bodily Injury With Immediate Medical Treatment Away From the Scene Yes Yes
Bodily Injury With Immediate Medical Treatment Away From the Scene No No
Disabling Damage to Any Motor Vehicle Requiring Tow Away Yes Yes
Disabling Damage to Any Motor Vehicle Requiring Tow Away No No

  • Random

    CDL drivers must be randomly tested throughout the year (§382.305). In addition, an employer who employs only himself or herself as a driver and is not leased to a motor carrier must still implement a random testing program. Specifically, this program must include at least two covered employees in the random testing selection pool. To meet this requirement, the employer must participate as a member of a consortium (see §382.305 interpretation 11).

  • Reasonable suspicion

    Drivers who appear to be under the influence of drugs or alcohol can be immediately tested (§382.307). Employers must train CDL driver supervisors to detect the symptoms of driver impairment (§382.603).

  • Return-to-duty

    Drivers who have tested positive, refused testing, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B are required to undergo this test. Moreover, they must first complete the return-to-duty process with a DOT-qualified substance abuse professional. In addition, this test is directly observed, ensuring accuracy and compliance. Most importantly, a negative result is mandatory before they can resume their driving duties (§382.309 and §40.305).

  • Follow-up

    Drivers who test positive, refuse testing, or otherwise violate the prohibitions of 49 CFR Part 382 Subpart B must undergo this testing. Moreover, those who successfully complete the return-to-duty process with a DOT-qualified substance abuse professional and, most importantly, test negative for a return-to-duty test must also comply. Furthermore, the substance abuse professional prescribes at least six directly observed tests within a 12-month period. In some cases, however, they may extend the testing requirement for an additional four years (§382.311 and §40.307).