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If you violate the US Department of Transportation’s (DOT’s) drug and alcohol rules as a CDL driver, you’ll face immediate consequences, including a CDL downgrade and removal from driving.
To get your license back, you must complete the Return-to-Duty (RTD) process.
This guide explains what a downgrade is, common reasons for receiving one, and the steps you must take before you can return to work.
Key Takeaways
- A CDL downgrade is a mandatory removal of your CDL driving privileges after you violate the DOT’s drug and alcohol rules.
- Common reasons for receiving a CDL downgrade include refusing a DOT drug or alcohol test, failing a DOT drug or alcohol test, submitting an adulterated or substituted specimen, leaving the testing center early, failing to show up to the testing site within the given time, failing to follow the testing center’s procedures, being listed as “Prohibited” in the FMCSA Drug & Alcohol Clearinghouse, or failing to complete the RTD process.
- To get your CDL back, you must complete all steps of the RTD process before you’ll be cleared to return to duty.
What is a CDL Downgrade?
A CDL downgrade is a punitive measure taken when a driver violates the DOT drug or alcohol rules.
This originated from a final rule published by the Federal Motor Carrier Safety Administration (FMCSA) in 2021.
The first Clearinghouse Rule was passed in 2016, and with final implementation in 2020.
This rule established the FMCSA Drug & Alcohol Clearinghouse, which is a national database of CDL drivers who have violated the DOT’s drug and alcohol rules.
All employers regulated by the FMCSA must query the Clearinghouse when new applicants apply for jobs and annually for existing drivers.
The first rule prohibits drivers who have violated the DOT’s drug and alcohol rules from operating CMVs.
The CDL downgrade rule, effective November 2024 and known as Clearinghouse II, requires State Driver’s License Agencies (SDLAs) to immediately downgrade a driver’s CDL to a regular license when the driver is listed as prohibited in the FMCSA Drug & Alcohol Clearinghouse.
If you receive a CDL downgrade, you can’t get your CDL back until you complete the mandatory return-to-duty (RTD) process and are no longer prohibited in the Clearinghouse.
The Purpose of the CDL Downgrade Rule
The FMCSA downgrade rule was implemented for several reasons, including:
- To enforce CDL drivers’ accountability when they violate the drug and alcohol rules
- To prevent drivers from avoiding consequences by changing jobs or moving to new states, by requiring SDLAs and employers to query the FMCSA Clearinghouse
- To protect public safety by ensuring only safe drivers operate commercial motor vehicles (CMVs)
Common Causes of a CDL Downgrade
The following issues can cause you to receive a CDL downgrade:
- Failing a DOT drug or alcohol test
- Refusing to take a required DOT drug or alcohol test
- Not showing up at the testing facility within the required window
- Failing to follow the procedures at the testing facility
- Submitting an adulterated or substituted specimen
- Being listed as prohibited in the FMCSA Drug & Alcohol Clearinghouse
- Failing to complete the RTD process
Consequences of a CDL downgrade
If you receive a CDL downgrade, you’ll face the following consequences under the FMCSA’s requirements:
- Immediate loss of your CDL privileges
- Loss of your ability to legally operate a CMV
- Instant removal from safety-sensitive driving duties
- Potential job termination
- Inability to find a job as a CDL driver as long as you’re listed as prohibited in the Clearinghouse
- Long-term impact on insurance rates
- Requirement to undergo the RTD process and complete follow-up testing for up to five years
How to Get Your CDL Back After Downgrading
When you violate the rules, you’ll have to complete the following steps of the RTD process:
1. Immediate Removal from Duty
Under 49 CFR § 382.501(b), employers must immediately remove CDL drivers who violate the DOT’s drug and alcohol rules from safety-sensitive functions.
This means that once your employer learns of your violation, you’ll be removed from driving.
2. Employer Report to the FMCSA Clearinghouse
Per 49 CFR § 382.705, employers are required to report to the FMCSA Clearinghouse when a CDL driver has violated the DOT drug and alcohol rules.
Once a violation is reported, you’ll be pulled from all safety-sensitive functions and notified that you’re now in “Prohibited” status in the FMCSA Clearinghouse.
3. CDL Downgrade
Once you’re listed as prohibited in the FMCSA Clearinghouse, your state’s driver’s license agency must downgrade your CDL at a minimum.
SDLAs can also take harsher actions, such as suspending your license.
4. Find a DOT-Qualified SAP
Your employer must give you a list of DOT-qualified substance abuse professionals (SAPs).
These are counselors who have been qualified by the US Department of Transportation to evaluate safety-sensitive personnel who have violated the DOT’s drug and alcohol rules.
Since they must be DOT-qualified, not just any substance abuse counselor will do.
At American River Wellness, we are a DOT-qualified SAP and can help you get started on the process quickly.
5. Undergo an SAP Evaluation
You’ll need to complete an evaluation with your SAP.
Your SAP will talk to you about your violation, your substance use history, and other factors that contributed to what happened.
Based on their assessment, they will design a tailored treatment and education plan for you.
6. Complete the SAP’s Recommendations
Depending on your substance use history and their findings, the SAP might make any of the following recommendations:
- Drug and/or alcohol education classes
- Outpatient substance use counseling
- Group counseling
- Inpatient treatment (when necessary)
You must complete all of SAP’s recommendations. Your SAP will monitor your progress to ensure you comply.
7. Follow-Up Evaluation
Once you’ve completed the recommendations, you’ll meet with your SAP again.
If you’ve followed their recommendations and completed everything, they’ll allow you to move forward.
8. Pass the Return-to-Duty Test
Before you can return to driving, you’ll need to take and pass an RTD drug test.
This test must be directly observed, and you must receive a negative result to be cleared to return to duty.
9. Employer Review and Decision
The SAP will report to your employer and the Clearinghouse when you’ve completed the RTD process and have submitted a negative RTD drug test.
Your employer has discretion about whether to take you back.
Whether you return to your employer or apply to a new one, the Clearinghouse will be queried.
10. Clearinghouse Status Update
Once you’ve completed all requirements, your status in the FMCSA Clearinghouse will change from “Prohibited” to “Eligible.”
11. Reinstate Your CDL
After your Clearinghouse status is updated, you’ll need to contact your state’s licensing agency to have your CDL reinstated.
12. Follow-Up Testing Program
When you return to work, either with your employer or another one that’s regulated by the DOT, you’ll have to complete mandatory follow-up drug and alcohol tests.
These are random, unannounced tests.
You’ll undergo a minimum of six during the first 12 months and may be required to complete follow-up tests for up to five years.
If you fail or refuse a follow-up test, your CDL will be downgraded again.
You’ll then have to restart the RTD process.
Trust American River Wellness to Get Your CDL Back Fast
Receiving a CDL downgrade can immediately halt your driving career.
To get your CDL back, you must complete the RTD process with the help of a DOT-qualified SAP.
At American River Wellness, we offer same- or next-day appointments to help you complete your DOT SAP program quickly and get back on the road.
Contact us today to schedule your SAP evaluation by calling (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
Employers must immediately remove you when you violate the DOT’s drug and alcohol rules from safety-sensitive duties.
By the end of the third business day, they must report your drug or alcohol violation to the FMCSA Drug & Alcohol Clearinghouse.
You’ll then be listed as “Prohibited” in the Clearinghouse for up to five years or until you complete the RTD process, whichever occurs first.
Employers must query the Clearinghouse before you can be hired and at least annually, so your prohibited status will be visible to any potential employer.
They have the responsibility to ensure that you complete the Return-to-Duty (RTD) process before you can return to work.
SDLAs must regularly query the FMCSA Clearinghouse, including when a driver applies for a new CDL, a learner’s permit, or a renewal.
They must also perform regular queries at other times.
The FMCSA will notify SDLAs when a driver is listed as “Prohibited”.
The SDLA must downgrade a driver’s CDL or CLP when they’re marked as “Prohibited”.
If you are listed as “Prohibited”, your state’s SDLA will notify you that your CDL has been downgraded and will explain the steps you must take.
SDLAs are required to work with the FMCSA and ensure their records are accurate and current.
Coordination with the FMCSA ensures timely Clearinghouse updates, prevents unqualified drivers from operating CMVs, and helps drivers return to duty efficiently.
To avoid a CDL downgrade, do all of the following:
– Always follow DOT drug and alcohol testing protocols.
– Refrain from using illegal drugs.
– Don’t drink alcohol before, during, or immediately after driving.
– Monitor your FMCSA Clearinghouse status regularly.
– Seek support or treatment proactively if facing substance use issues before a violation occurs.
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