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If you’re dealing with a DOT violation right now, you’re probably wondering how long this will stay on your record.
At American River Wellness, we deal with these situations every day. We know how violations impact your record and your ability to earn a living.
In this blog, we’ll guide you through how long they last, what factors play a role, and how you get back on the road.
Key Takeaways
- DOT drug and alcohol violations stay in the FMCSA Clearinghouse for five years from the date of the violation, as long as you complete the Return-to-Duty process and your employer updates the completion of the follow-up testing plan in the Clearinghouse.
- Other violations, such as roadside inspection violations, out-of-service orders, crash records, and state MVR violations, can last for three or more years.
- American River Wellness helps drivers who have failed a DOT drug test get back on the road by completing the SAP program.
How Long Violations Can Affect Your Driving Record
| Violation Type | Duration |
| DOT drug and alcohol violations (FMCSA Clearinghouse) | 5 years or until the violation is resolved through the RTD process |
| PSP roadside inspection violations | 3 years |
| PSP crash history | 5 years |
| CSA violations | Affect your CSA score for 36 months (remain on the carrier’s record for 24 months), but their impact lessens as time passes |
| Railroad crossing violations | 3 years |
| Out-of-service order violations | 3 years |
| Other state traffic violations | Depends on the state, but typically 3-5 years |
Drug and Alcohol Violations (FMCSA Clearinghouse)
Under 49 CFR Part 382, § 382.719, and FMCSA guidance, DOT drug and alcohol violations remain visible in the FMCSA Drug and Alcohol Clearinghouse for five years or until you’ve completed the return-to-duty (RTD) process and follow-up testing, whichever occurs later.
If you violate the U.S. Department of Transportation’s (DOT) drug and alcohol rules, you’ll be immediately removed from duty and lose your CDL until you complete the return-to-duty (RTD) process.
DOT drug and alcohol violations include:
- Refusing to test
- Submitting a positive DOT drug test
- BAC testing at 0.04% or higher while operating a commercial motor vehicle (CMV)
- BAC testing at 0.04% or higher while on duty
- Using alcohol within four hours of being on duty
- Submitting an adulterated or substituted specimen (counts as a refusal)
- Actual knowledge violations
Where they appear:
DOT drug and alcohol violations appear in the FMCSA Drug & Alcohol Clearinghouse.
Employers, carriers, medical review officers, third-party administrators, and law enforcement agencies can view these violations in the Clearinghouse.
How to clear them:
To clear DOT drug and alcohol violations from the FMCSA Drug & Alcohol Clearinghouse, you must complete the following steps of the RTD process:
- Immediate removal from safety-sensitive duties – Your employer must immediately remove you from safety-sensitive work when you violate the DOT drug and alcohol rules.
- Automatic CDL disqualification – Your state driver’s license authority (SDLA) must automatically disqualify your CDL when you violate the drug and alcohol rules.
- Choosing a DOT-qualified SAP – Your employer must provide you with a list of DOT-qualified substance abuse professionals (SAPs). You can also choose one yourself, such as American River Wellness.
- SAP evaluation – You must complete a SAP evaluation with the DOT-qualified SAP you choose. Based on their findings, the SAP will create a treatment and education plan for you to complete.
- Education and treatment – Your SAP’s recommendations might include any of the following:
- Drug and alcohol education classes
- Outpatient counseling
- Support groups
- Inpatient rehabilitation (when necessary)
- Second evaluation – Once you complete your recommendations, you’ll meet with your SAP again. If you’ve completed everything, they will submit a report.
- Return-to-duty test – You must submit a negative RTD drug and alcohol test under direct observation to be cleared to return to duty.
- Follow-up testing – Once you return to work, you must submit a minimum of six negative follow-up tests within the first year and could be required to continue follow-up testing for up to five years, depending on the severity of your violation. If you fail or refuse a follow-up test, you’ll have to restart the RTD process. Your employer must update your Clearinghouse record once you have completed the follow-up plan.
Roadside Inspection Violations (Non-D&A)
Most roadside inspection violations (other than drug and alcohol violations) remain on your record for three years.
Some common examples of these types of violations include:
- Broken taillights/headlights
- Brake problems
- Logbook errors
- Hours of service (HOS) violations
- Defective or poorly maintained equipment
- Overweight loads
Where they appear:
Roadside inspection violations (excluding drug and alcohol violations) are reported in the FMCSA’s Pre-Employment Screening Program (PSP).
These violations can also affect your CSA scores for 24 to 36 months, with their impact reducing over that period.
If you improve your inspection performance, your old violations will have less of an impact on your CSA calculations.
How to clear them:
You can challenge incorrectly listed violations through DataQS. You’ll need to provide supporting evidence.
For accurately listed roadside inspection violations, you must provide a copy of the roadside inspection report to your carrier within 24 hours.
If the vehicle was placed out of service, your carrier must review and correct the violations and then return the report within 15 days.
Your carrier must retain a copy of the inspection report in its files for 12 months.
Crash Records (FMCSA PSP)
Being involved in a collision while operating a CMV can negatively affect you.
Any crash that results in an injury or fatality or requires towing of your CMV or the other involved car will be reported to your state motor vehicle record (MVR) and your PSP.
Accidents remain visible in PSP for five years.
Even if your crash was unavoidable, it will appear for five years unless you successfully challenge it.
How to clear them:
You can challenge crash records through DataQS.
You’ll need to provide strong evidence to support your claim, including police reports, court documents, photographs, etc, to show that you weren’t at fault.
This is important because employers frequently filter applicants by their crash histories.
You can’t clear preventable accidents from your crash records, but you can challenge those found to be non-preventable.
To clear non-preventable crash records, take the following steps:
- Get a copy of the police accident report – The investigating officer will write a report and list the contributing factors.
- Submit your request with a copy of the police report – Submit your request to the FMCSA’s Crash Preventability Determination Program together with a copy of the report. The FMCSA will review it and determine whether the crash meets its eligibility criteria for being non-preventable.
Some examples of non-preventable accidents under the FMCSA’s standards include:
- Being struck in the rear by another motorist
- Being struck on the side by a motorist traveling in the same direction
- Being struck by a wrong-way driver
- Being struck by a motorist making a U-turn or an illegal turn
- Being struck while stopped at a traffic light or while legally parked
- Being struck when another vehicle failed to slow down for slowed traffic
- Being struck by an intoxicated or impaired driver
- Being struck because the other driver was having a medical issue
- Being struck by a distracted or drowsy motorist
- Being struck by debris or cargo from another vehicle
- Crash resulting from an infrastructure failure
- Striking an animal
- Crash resulting from another person’s suicide attempt
- Being struck by a driver entering the road from a private parking lot or driveway
- Being struck by a motorist who lost control
- Involvement in a crash with a non-motorist
- Unusual crash circumstances that rarely occur (such as being struck by an airplane)
- Other crashes in which video evidence clearly shows the sequence of events, and that the accident was unavoidable
- FMCSA review – The FMCSA will review your request, the police report, and any supporting evidence.
- Final determination – The FMCSA will post its final determination. If it finds that your accident was non-preventable, it will note that and update your crash record and your carrier’s CSA score.
CSA (Compliance, Safety, Accountability) Violations
CSA violations (other than drug and alcohol violations) influence your score for 24 to 36 months and remain visible internally to the FMCSA for up to five years (based on the violation type).
Compliance, Safety, and Accountability (CSA) violations include those falling into these seven basic categories:
- Unsafe driving (speeding, reckless driving, failure to wear seatbelts, inattentive driving, improper lane changes, etc.)
- Non-public history of crashes
- Hours of Service (HOS) violations
- Vehicle maintenance violations (brakes, tires, failure to make repairs, broken lights, etc.)
- Hazmat violations (leaking containers, improper placarding, etc.)
- Driver fitness violations
- Drug and alcohol violations
CSA violations are reported to the FMCSA’s Safety Measurement System (SMS) through DataQS.
How to clear them:
The severity of your CSA violation can affect your CSA score, but not its reportable length.
If you have a poor CSA score, it can affect your ability to gain employment with another carrier.
To challenge an improper CSA violation, you’ll need to submit a request for data review (RDR) through DataQS.
If a court dismissed a violation that affected your score, include a certified copy.
The FMCSA will remove any court-dismissed violations from your record, which will result in a CSA score change.
Out-of-Service Orders
If you violate an out-of-service order, it can lead to a temporary disqualification of your CDL and remain on your PSP record for three years.
This applies to both vehicle and driver out-of-service events.
Some examples of out-of-service events include:
- No medical card
- Operating beyond the HOS limits
- Operating an unsafe vehicle
How to clear OOS actions:
While you can’t clear an out-of-service action, you can prevent repeat actions by correcting the root cause(s) of the incident.
For example, always follow the HOS rules and maintain thorough records demonstrating compliance.
Complete your pre-inspections and post-inspections. Refuse to operate a CMV that needs repairs to be roadworthy, and notify your employer promptly about needed repairs.
Stay up-to-date with your DOT physicals and keep your medical card on you when you drive.
State MVR Violations
How long a state motor vehicle records (MVR) violation will remain on your record varies based on state law.
However, most state violations remain on MVR records for three to five years.
Serious violations, such as DUIs or reckless driving, can stay for 10 or more years or even permanently in some states.
Where are they reported:
State violations are reported to each state’s Department of Motor Vehicles (DMV).
While your MVR record is separate from the FMCSA’s systems, employers still use them to make hiring decisions.
Typically, employers also check the state MVR records of current employees annually or quarterly.
How to clear them:
If you went to court and had a violation dismissed (or won at trial), submit a copy of the judicial decision to your state’s DMV to request that the violation be removed from your MVR.
Otherwise, you’ll need to wait until the violations fall off your MVR. Their impact on your state’s points and your insurance will reduce each year.
Employer Driver Qualification Files (DQ Files)
Employers are required to keep certain records in an employee’s DQ File for the length of their employment plus three years.
Your DQ File is an internal employer record and not included in a federal database.
If you have violations reported in your DQ file, it can affect your employer’s rehire decision.
What You Can Do Next
1. Review Your Records
Whether you’re looking for a job as a CDL driver or are a current regulated employee, you should understand the information reported in your records.
Review the following records:
- PSP
- CSA profile
- FMCSA Drug & Alcohol Clearinghouse
- State MVR
Look for discrepancies between what’s reported in your records and your documentation.
State and federal records can sometimes contain errors, including data entry errors, wrong dates, or the inclusion of violations that have been dismissed.
2. Fix Any Issues You Can Right Away
If you notice mistakes, gather evidence to support your claim.
File a request for review and removal through DataQS and/or your state’s DMV with copies of your supporting documents.
3. Communicate With Your Employer
Keep an open line of communication with your employer.
They might need you to provide documents or clarify information to update their internal records.
If your records have been corrected at the state or federal level, tell your employer and provide documentation so that they can update their internal driver qualification file.
4. Focus on Clean Performance Going Forward
You can reduce the impact of violations on your record by maintaining compliance.
Make sure to complete your pre- and post-inspections before and after every time you operate your CMV.
Never operate a CMV while under the influence of drugs or alcohol, and promptly report to the testing site when you’re selected for random testing.
Obey all traffic laws and comply with the hours of service rules.
We’re Here to Help You Return to Work
If you have drug or alcohol violations on your Clearinghouse record, you must complete the return-to-duty process before you can return to driving.
As a DOT-qualified SAP, American River Wellness offers convenient virtual SAP evaluations with same-day or next-day availability in most cases. We focus on helping you get back to work fast.
Contact us today to schedule your SAP evaluation: (833) 436-8727.
DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.
FAQ
If you do, the consequences can include steep fines, an out-of-service order, large insurance hikes, and a poor CSA score.
If your violation involves the DOT’s drug and alcohol rules, you will be removed from duty and won’t be able to return to driving until you complete the RTD process.
The DOT requires regulated employers to check your driving record in each state in which you’ve lived for the past three years.
The FMCSA also maintains drug and alcohol violation records in the Drug & Alcohol Clearinghouse for five years or until you complete the RTD process, whichever happens later.
Yes. DOT-regulated employers and state driver license agencies (SDLAs) must check your MVR record in each state in which you’ve held a license.
DOT violations are also reported to federal databases, so if you have a violation, it can affect your CDL in another state.
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