While consuming alcohol is legal for adults over 21 in all U.S. states, alcohol testing for drivers enforces stricter rules for CDL holders. They cannot have a breath alcohol concentration of .02 or higher while performing safety-sensitive tasks.
Alcohol impairs judgment and increases risky behavior on the road. Due to these dangers, the Federal Motor Carrier Safety Administration (FMCSA) requires all employers to conduct alcohol and drug tests for any driver with a Commercial Driver’s License (CDL).
Mandatory Situations for Alcohol Testing for Drivers
Employers must conduct alcohol testing for drivers in various situations, ensuring compliance with FMCSA regulations and maintaining road safety.
Pre-Employment Testing
Before allowing CDL drivers to operate, employers must conduct a drug test. Drivers must pass the test before starting work.
Pre-employment breath alcohol testing remains optional. However, if an employer chooses to conduct these tests, all new hires must undergo them. This policy helps employers avoid hiring drug-using individuals while complying with federal pre-employment drug screening rules.
A positive pre-employment drug or alcohol test results in immediate consequences. Employers rescind the job offer and report the violation to the FMCSA Drug and Alcohol Clearinghouse.
Random Testing
Employers must conduct random alcohol testing for drivers as per FMCSA regulations. They select employees without prior notice, and once notified, drivers must proceed to the testing site immediately.
Refusing to take the test leads to severe consequences, as FMCSA treats it as a positive result.
Unlike drug tests, which can occur anytime, random breath alcohol testing has specific conditions. Employers can only conduct it when drivers perform safety-sensitive tasks, just before starting them, or immediately after completing them.
Safety-Sensitive Functions and Alcohol Testing for Drivers
FMCSA defines safety-sensitive functions for CMV (Commercial Motor Vehicle) drivers as any work-related duty from the start to the end of their shift. Alcohol testing for drivers applies during the following activities:
- Working at terminals, shipper plants, carriers, or public property, including waiting for dispatch.
- Operating a CMV, whether driving or being inside the vehicle (except in the sleeping berth).
- Loading, unloading, and monitoring shipments.
- Holding a CDL and working at facilities where they may need to drive a CMV.
- Inspecting CMVs, servicing, or repairing disabled vehicles.
Traveling to the sample collection site or providing breath or urine samples does not fall under safety-sensitive functions.
Alcohol Testing for Self-Employed Drivers (Owner-Operators)
Owner-operators not leased to a motor carrier must enroll in a random drug and alcohol testing for drivers program that complies with FMCSA rules. These drivers join a consortium, an association of drivers, to meet testing requirements.
Reasonable Suspicion Alcohol Testing for Drivers
If supervisors or employers suspect any driver to be using alcohol or drugs in violation of the regulations, they are required to consider conducting drug or alcohol testing for reasonable suspicion. Refusals to test are treated the same as a positive result. CDL driver supervisors are required to be trained to detect signs and symptoms of alcohol-influenced impairment.
Reasonable suspicion testing must meet specific requirements, including that the supervisor documents “specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.” Employers are not permitted to use “random” for the reason for test when actually testing for reasonable suspicion. And a Reasonable Suspicion alcohol test may not be based solely on a hunch.
Post-Accident Testing
If a CMV driver gets involved in an accident while performing a safety-sensitive duties, employers must conduct alcohol testing for drivers within 8 hours.
Specifically:
Drivers cannot consume alcohol for 8 hours after a qualifying accident or until completing the test.
Return-To-Duty Testing
Drivers who test positive must complete a return-to-duty process with a substance abuse professional (SAP) before resuming safety-sensitive tasks. The SAP may require breath alcohol testing as part of the return-to-duty and follow-up tests.
Roadside Alcohol Testing for Drivers
Law enforcement may require any driver, including CDL holders, to take a breath alcohol test at a roadside stop. Although FMCSA does not classify roadside tests as mandatory, a positive result while operating a CMV still violates DOT regulations.
Maximum Breath Alcohol Content for Drivers
In 49 states, a BAC of .08% qualifies as a DUI, while Utah sets the limit at .05%. For CMV drivers, the limit is much lower:
- .04% or higher: Immediate removal from safety-sensitive duties and referral to an SAP.
- .02% to .039%: Removal from safety-sensitive work for at least 24 hours but no SAP referral required.
Summary
Employers conduct alcohol testing for drivers in various situations, including pre-employment (if required), random, post-accident, reasonable suspicion, return-to-duty (if required by SAP), and follow-up testing.
Other than pre-employment and return-to-duty tests, employers can only request breath alcohol tests while drivers are on duty or just before or after performing safety-sensitive functions.
For more details on DOT and non-DOT employee drug and alcohol testing, contact InOut Labs.
