FMCSA Drug & Alcohol Clearinghouse Requirements: A Complete Guide [2026]

As a CDL driver, it’s important that you understand the FMCSA Clearinghouse requirements, as a single drug and alcohol violation can jeopardize your career.

At American River Wellness, we’ve worked with drivers who are often confused and frustrated by these complex requirements.

We’ve set up this guide to help you understand how the Clearinghouse works, what you need to do to stay compliant, and how to get your licence back after a violation.

What are the Drug & Alcohol Clearinghouse Requirements?

The Drug & Alcohol Clearinghouse is a federal database that tracks every DOT drug and alcohol violation you commit as a CDL driver, and employers, SDLAs, certain authorized enforcement personnel, and the Federal Motor Carrier Safety Administration (FMCSA) can all access your record.

Here’s what you need to know about how the system works and what’s required from you, your employer, and other parties involved.

Employer Responsibilities

Your employer’s Clearinghouse responsibilities directly impact your ability to get hired and stay employed, and if you’re an owner-operator, these same requirements apply to you.

Here’s what the law requires:

1. Register on the FMCSA Clearinghouse

Under 49 CFR part 382, § 382.711, regulated transportation companies must register on the FMCSA Drug & Alcohol Clearinghouse.

This includes drivers who are owner-operators.

Companies with USDOT numbers can register by entering their number through their FMCSA Portal account and choosing whether they are an owner-operator or a transportation carrier.

2. Complete Full Pre-Employment Queries

Under 49 CFR Part 382, § 382.701(a)(1)-(2), employers can’t hire CDL drivers without completing full pre-employment queries of the FMCSA Clearinghouse.

To complete a full query, the company must obtain the applicant’s electronic consent through the Clearinghouse.

Each query costs a flat rate of $1.25 for both limited and full queries.

Full queries provide details about a prospective employee’s drug and alcohol violations and their types, including:

• Verified positive drug tests
• Adulterated or substituted drug tests
• Confirmed alcohol tests showing BACs of 0.04% or higher
• Refusals to submit to drug or alcohol testing
• An employer’s actual knowledge that the driver used alcohol while driving
• An employer’s actual knowledge that the driver used alcohol within four hours of driving
• An employer’s actual knowledge that the driver used a controlled substance
• An employer’s actual knowledge that the driver used alcohol or drugs after post-accident testing

3. Perform Limited Queries Each Year

Employers must perform limited queries on all of the CDL drivers they employ at least once per year under 49 CFR Part 382, § 382.701(b)(1)-(3).

A limited query only shows whether a violation record exists for a driver in the Clearinghouse and does not provide details about its type.

For a limited query, the employer can use a written consent form that the driver signs during the hiring process for several years, but full queries require a new electronic consent through the Clearinghouse each time they’re conducted.

If an employer learns that a driver has a record in the Clearinghouse after performing a limited annual query, they must then get their electronic consent to perform a full query.

If the employee refuses to provide consent, the employer can’t allow them to continue to drive.

4. Remove Drivers From Duty After a Violation

Under 49 CFR Part 382, § 382.701(d) and 49 CFR Part 382, § 382.703(c), employers can’t allow a CDL driver to continue driving if they have a violation reported in the Clearinghouse.

They must immediately remove the driver from driving until they complete an evaluation conducted by a DOT-qualified substance abuse professional (SAP), recommended treatment, and the return-to-duty (RTD) process.

5. Report Violations and Refusals

Under 49 CFR Part 382, § 382.705, employers must report information about the following violations and refusals to the FMCSA Clearinghouse within three days:

• A confirmed alcohol test showing a BAC of 0.04% or higher
• The driver’s refusal to take an alcohol test
• The employer’s knowledge that the driver used alcohol while on duty
• The employer’s knowledge that the driver used alcohol within four hours of duty
• The employer’s knowledge that the driver used alcohol following an accident
• The employer’s knowledge that the driver used a controlled substance
• The driver’s refusal to submit to a drug test

Information Required in Each Report:

When reporting violations, employers must provide:

• Reason for the drug or alcohol test (or basis for actual knowledge)
• The driver’s name, CDL number, date of birth, and CDL state
• The employer’s name, address, and USDOT number
• Test date (or date of observation)
• Result reported date
• Test result (positive or refusal)

Supporting Documentation:

Employers must also upload documentation to the Clearinghouse for each violation, including:

• Emails showing the driver was told to report for testing
• Affidavit that the driver was told where and when to report for testing
• The date, location, and time the driver was told to report for testing
• If applicable, documentation that the employee was fired or resigned, with the date included
• Correspondence showing that the reporting individual is the employer’s authorized service agent
• Certificate of service to show that the driver was provided with a copy of all documentation by the employer

When a CDL driver completes the RTD process following a drug or alcohol violation, the employer must report the following:

• Negative RTD test
• Successful completion of the follow-up testing program as recommended by the Substance Abuse Professional (SAP)

Important Note: Under 49 CFR Part 382, § 382.701(e), employers must keep copies of all query records and reports they receive from the Clearinghouse for a minimum of three years.

Additional Requirements for Owner-Operators

As an owner-operator, you function as both employer and employee under DOT regulations, and you must:

• Enroll in a consortium administered by a third-party administrator (C/TPA) to handle your pre-employment, random, post-accident, and other mandated DOT drug tests, since you cannot self-test
• Report to the testing site immediately when notified of selection for random testing
• Maintain all testing records and Clearinghouse documentation for your business
• If you violate DOT drug and alcohol rules, C/TPA has the responsibility to report it
• You need to complete the return-to-duty process to get your CDL back

Driver Requirements

1. Registration with the Clearinghouse

You’re not required to register for the Clearinghouse as a CDL driver.

However, you’ll need to register if you want to give electronic consent for a full query, which includes every pre-employment search a potential employer must run before hiring you.

Without registration, you can’t provide the consent they need, and they can’t legally offer you the job.

You’ll also need to register if your current employer needs to conduct a full query after a limited annual search shows you have a violation on record.

While written consent works for limited queries, federal law requires electronic consent for full queries, and you can only provide that through the Clearinghouse.

Registration also lets you view your own Clearinghouse record at any time, which can help you stay on top of what employers will see when they search for you.

To register on the Clearinghouse, you must first create an account on Login.gov.

You’ll then click the button to register on the Clearinghouse, which will direct you to your Login.gov account.

2. Provide Consent to Employer

Drivers must give consent to their employers or prospective employers so that they can perform a full query of the FMCSA Drug and Alcohol Clearinghouse.

An employer can’t hire you if they can’t perform this required search.

Requirements for Other Parties

While drivers and employers carry most Clearinghouse responsibilities, other professionals and state agencies also play critical roles in the system.

Medical Review Officers (MROs)

Medical Review Officers (MROs) are the professionals who complete verifications for DOT drug tests. They also have reporting requirements and will report the following violations:

• A driver’s confirmed positive result for any of the following substances:
  • Methamphetamines or other amphetamines
  • Cocaine
  • THC
  •  Phencyclidine (PCP)
  • Opiates/opioids
• A driver’s submission of an adulterated or substituted urine sample
• A driver’s refusal to submit to a DOT drug test

When reporting violations, MROs must provide:

• Why the drug test was conducted (pre-employment, random, post-accident, etc.)
• Driver’s name, CDL number, date of birth, and the state that issued their CDL
• Employer’s name, address, and USDOT number
• The date driver took the test
• The date the result was reported
• The test outcome (positive, adulterated, substituted, or refusal)
• The specimen identification number from the Federal Drug Testing Custody and Control Form

Substance Abuse Professionals (SAPs)

SAPs are required to log key milestones in your return-to-duty journey directly into the Clearinghouse:

• When you finish your first evaluation appointment with them
• When they clear you to take your return-to-duty drug test

These updates let current and prospective employers track your progress through the recovery process and know exactly when you’re authorized to get back behind the wheel.

Consortia/Third-Party Administrators (C/TPAs)

Companies can authorize a C/TPA to run Clearinghouse searches and submit violation reports for them.

If you are an owner-operator and technically employ yourself, federal rules require you to appoint a C/TPA to handle your Clearinghouse obligations since you can’t report on yourself.

State Driver Licensing Agencies (SDLAs)

Under Clearinghouse II rules that became fully operational on November 18, 2024, your state’s DMV now has mandatory obligations that directly impact your ability to hold a CDL:

• Pre-Transaction Screening: Before your state can issue you a new CDL, upgrade your license class, process a renewal, or transfer your license from another state, they must search the Clearinghouse for violations. If they find you’re currently barred from commercial driving due to unresolved drug or alcohol violations, they’ll reject your application.
• Automatic Privilege Removal: Your state learns about your prohibited status through two channels. First, they discover it when running required searches during license transactions. Second, FMCSA directly alerts them whenever a new violation is reported for any CDL holder in their state. Once notified that you can’t legally operate commercial vehicles, your state must downgrade your CDL within the required timeframes (often described as within 60 days after notification, depending on the state implementation), leaving you with only standard driving privileges.
• Getting Your CDL Back: After you finish the return-to-duty process, FMCSA informs your state that federal regulations no longer prohibit you from commercial driving. Your state will then restore your commercial privileges according to its own laws. If FMCSA later discovers they mistakenly flagged you as prohibited, they’ll notify your state to immediately restore your full privileges and notify SDLAs that you are no longer prohibited.

Why this matters: Changing states won’t help you avoid consequences. Letting your CDL lapse and reapplying years later won’t work either. Your violation exists in a federal database that every state must check, and it stays there until you properly complete the entire return-to-duty process.

What Are FMCSA Clearinghouse Violations?

Drug and Alcohol Violations

If you commit any of these violations, your employer must report it to the Clearinghouse, you’ll be immediately removed from driving, and your state will downgrade your CDL until you complete the return-to-duty process:

• Positive 5-panel drug test for methamphetamines/amphetamines, THC, cocaine, opiates/opioids, or phencyclidine as confirmed by an MRO
• Submitting an adulterated urine sample
• Submitting a substituted sample
• A confirmed alcohol test showing a BAC of 0.04% or higher

Refusal Violations

• Failure to show up for testing within a reasonable time
• Outright refusal to submit to an alcohol or drug test
• Leaving the testing center before the process is finished
• Not providing a sufficient sample without a valid medical explanation
• Failure to cooperate with any part of the testing procedure
• Failure to complete a medical examination when directed to do so by an MRO or your employer

An Employer’s Actual Knowledge Violations (Direct Observation/Other Evidence)

• Your employer’s knowledge that you used alcohol while driving
• Your employer’s knowledge that you used alcohol within four hours of driving
• Your employer’s knowledge that you used alcohol after post-accident testing
• Your employer’s knowledge that you used a controlled substance

RTD Process Violations

• Submitting a positive RTD drug test
• Failing to complete the RTD process following a drug or alcohol violation
• Failing to comply with treatment recommendations
• Failing to comply with follow-up testing
• Refusing a follow-up drug or alcohol test
• Submitting a positive follow-up drug or alcohol test

I Have a DOT Violation – What Now?

After violating DOT drug and alcohol rules, you’re off the road until you finish the entire return-to-duty process:

1. Find a DOT SAP

Your employer will give you a list of DOT-qualified SAPs.

You can also find one by searching online.

It’s important to choose a DOT SAP that is convenient and flexible, especially since you might not be able to travel far from home to meet with them.

For this reason, American River Wellness offers virtual DOT SAP evaluations that you can complete from anywhere.

It’s important to note that a regular Substance Abuse Counselor can’t complete a DOT SAP evaluation. The person you choose must be DOT-qualified.

2. Prepare for Your SAP Evaluation

Before you meet with your DOT SAP for an evaluation, prepare by doing the following:

• Read to understand the RTD process and what to expect
• Abstain from using drugs or alcohol
• Gather all documents related to your violation (police reports, drug test results, copies of documentation reported to the Clearinghouse, etc.)
• Review your employer’s substance abuse policy
• Stay up-to-date with all changes to the FMCSA’s rules

3. Meet With Your SAP

Your SAP will complete a DOT SAP evaluation.

This evaluation is designed to assess your substance use history, the severity of your violation, and your fitness to return to driving.

They will ask you questions about your violation, the circumstances that surrounded it, your substance use history, and your medical history.

After completing the evaluation, the SAP will use it to create a tailored treatment plan for you.

4. Complete the SAP Program

Your SAP treatment plan might include the following, depending on the severity of your violation and other relevant factors:

• Drug and alcohol education classes
• Outpatient drug and alcohol counseling
• Support groups
• Inpatient treatment (if necessary)

Your SAP will monitor your progress. You must complete the recommended treatment.

5. Pass a Return to Duty Test

Once you have completed treatment, you must take a DOT alcohol and drug test and receive a negative result.

This test is completed under direct observation.

6. SAP Submits Report

If you complete the SAP program and your RTD drug test, your SAP will write a report stating that you can safely return to duty and send it to your employer.

Your successful completion will also be reported to the Clearinghouse.

7. Employer Decision

Even if you comply with everything, your employer makes the ultimate decision about whether to take you back.

8. Follow-Up Testing

Whether your employer takes you back or you move on to a new one, you must complete follow-up testing as a part of the RTD process.

You must take at least six random drug and alcohol tests within the first 12 months.

Depending on your SAP’s recommendations, you might need to comply with follow-up testing for up to five years.

Trust American River Wellness to Help With Clearinghouse Compliance

Your CDL is your livelihood, and losing it to a Clearinghouse violation is devastating.

But here’s what you need to know: the return-to-duty process exists to give you a second chance.

American River Wellness specializes in helping drivers complete their requirements quickly and successfully.

We’re DOT-qualified SAPs who’ve walked hundreds of drivers through this process, and we’re ready to help you reclaim your career.

Call us today to schedule your fast and affordable DOT evaluation at (833) 436-8727.

DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.

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