Can I still drive if I fail a DOT drug test?

A better question to ask, is am I still employable if I fail a drug or alcohol test? The short answer is not right way. It used to be a CDL driver who failed a drug or alcohol test would simply move on to a new employer who didn't know the DOT rules or check the driver's background and hope they passed their pre-hire test, if they were still using drugs or alcohol. All that has changed with the welcome addition of the Federal Motor Carrier Drug and Alcohol Testing Clearinghouse three years ago.

Now, if you fail or refuse a DOT drug or alcohol test, this information goes directly into this national database which is meant to notify both employers and all state licensing departments of the prohibited status of the driver. A refusal to test or a failed drug or alcohol test has the same status. It puts the driver in a prohibited status; they cannot be legally hired as a CDL driver until and unless they contact a Substance Abuse Professional (SAP) who specializes in helping drivers get back to an active status. The SAP gives the driver the prescribed steps of drug and alcohol education and/or treatment they need to get back in business. This SAP service will cost the driver money unless their employer is paying for it through union-bargaining agreement or a company "last-chance agreement."

Drivers who try and go to another employer without doing the SAP required treatment and education to pass their Return-to-Duty Test, now have 2 hurdles to get over; a) their CDL is now suspended in all states and b) they are now a national database (FMCSA Clearinghouse) in a prohibited status. Any employer who hires a driver in a prohibited status can face stiff fines up to $25,000.00 and any driver who drives in a prohibited status can also be fined up to $2,500.00 and get their CDL removed permanently. Trying to get a new DOT CDL by getting a new DOT number, does not work either as this process is being monitored by the Department of Transportation as well.

Further, it also depends on how you failed a DOT drug or alcohol test. If you failed because you were pulled over and cited for being under the influence of drugs or alcohol (at .04 or greater), that is considered a major DOT violation which results in a minimum of a one-year suspension of your CDL, unless you are transporting hazardous materials in which case, it's a 3-year CDL suspension. A 2nd major violation would result in a ban in being allowed to be a CDL driver for life. In light of this, it's practical to say, if you have a current substance abuse disorder, or even if you like to use drugs recreationally and don't think you have a problem, using drugs, even marijuana and being a professional CDL driver, do not mix. It's certainly not worth getting into an accident where you, the driver or others could be injured or spending the money for school to become a CDL driver if you cannot abstain from drugs or alcohol.

Many people think using marijuana does not impact their driving, but the (THC) the active ingredient that makes you high, can be detected in your bloodstream for up to 48 hours in some users. While you may not feel necessarily feel impaired for 48 hours, your ability to drive and react quickly in today's dangerous conditions may be severely affected, especially because of the potency of today's cannabis, which averages 25% potency. Remember, Federal Transportation drug testing rules under the Department of Transporation (DOT) only came to be in 1988, when the average potency of cannabis was 3-5% and the reason it was enacted was because of multiple transportation accidents where innocent lives were lost while the drivers were under the influence of a marijuana that only had a 3-5% potency.

So, once you have a failed test, and then follow through with the SAP requirements for drug and alcohol education and/or treatment, your next hurdle will be to get a new job. For most drivers, this will mean being up front with any potential new employer by letting them know that a "return-to-duty" test will be required and that you are currently in a follow-up program. You'll also need to have your own account in the Federal Drug and Alcohol Clearinghouse, so the employer can even hire you. Even a driver who works for themselves, also called an owner/operator will have to have an account in the Clearinghouse so a "return-to-duty" test can be done when they sign up with a DOT Consortium-Third Party Administrator (C-TPA) and will have the C-TPA do their return-to-duty tests and follow-up tests. In those situations, the driver may need to pay for those follow-up tests in advance. Again, not being in a random testing program or driving in a prohibited status after a violation, can result in having your CDL license permanently revoked.

So, in conclusion, it's possible to be rehired or start over as an owner/operator after a positive drug or alcohol test, if you follow the steps above and are willing to commit to a drugfree lifestyle as a commercial driver. For more information about this subject, contact Drug Free Business at 800-598-3437 or email: [email protected]