What Are the New CDL Drug Testing Requirements in 2025?

As a CDL driver, violating the US Department of Transportation’s (DOT) drug and alcohol rules can force you off the road until you complete the FMCSA’s return-to-duty (RTD) process.

At American River Wellness, we work hard to get you back to work faster with our DOT SAP program.

This guide explains the DOT’s drug testing requirements for CDL drivers in 2025 and your legal obligations.

When is CDL Drug & Alcohol Testing Required?

The Federal Motor Carrier Safety Administration’s (FMCSA) CDL drug and alcohol testing regulations are found in 49 CFR Part 382, Subpart C, and include the following rules for when testing must occur:

1. Pre-Employment Testing

Employers must require CDL applicants to undergo pre-employment drug tests as a condition of employment under 49 CFR Part 382, § 382.301.

The driver must submit to testing and obtain negative results on the DOT 5-panel drug test before they can perform any safety-sensitive functions for the employer.

If they test positive for one or more substances, refuse to test, submit an adulterated or substituted specimen, fail to follow the testing center’s protocols, or otherwise violate the FMCSA’s drug and alcohol rules, they can’t be hired.

2. Random Testing

Employers regulated by the FMCSA must perform unannounced, random drug and alcohol tests throughout the year under 49 CFR Part 382, § 382.305.

The employer must use a random method to select drivers for random drug tests. The tests must be spread out reasonably over all operating days.

For alcohol tests, 10% of all drivers must be selected during the year. For drugs, the testing rate is 50%.

However, the FMCSA Administrator can reduce the testing rates when the employer’s reporting requirements demonstrate the drug violation rate is less than 1.0% for two consecutive calendar years.

3. Post-Accident Testing

Under 49 CFR Part 382, § 382.303, employers must perform post-accident drug and/or alcohol tests on drivers involved in accidents while operating commercial motor vehicles (CMVs) that involve any of the following:

• Fatalities
• Receiving a citation for an accident involving bodily injury to another person who required transport for emergency medical treatment
• Receiving a citation for an accident-causing vehicle damage that required towing

Alcohol tests must be administered within two hours of the accident, and drug tests must be administered as soon as practicable or no more than 32 hours following the collision.

Accidents involving bodily injury or vehicle damage for which the driver isn’t issued a citation don’t trigger the post-accident drug and/or alcohol testing requirement.

4. Reasonable Suspicion Testing

Reasonable suspicion testing is required under 49 CFR Part 382, § 382.307.

Under this regulation, supervisors who have undergone training to detect the signs that an employee is under the influence of alcohol or drugs while on duty can require the driver to undergo reasonable suspicion testing.

The supervisor’s reasonable suspicion must be based on specific and contemporaneous observations of the driver’s body odor, behavior, speech, or appearance.

Alcohol tests should be performed within two hours.

If the employer is unable to complete the test within two hours, they must complete and retain a record that indicates why.

If the test can’t be completed within eight hours, the employer should cease trying to administer it.

5. Return-to-Duty Testing

Under 49 CFR Part 382, § 382.309, return-to-duty testing must be performed in compliance with the requirements under 49 CFR Part 40, § 40.305.

This test must be administered after a driver who has violated the DOT drug and alcohol rules has completed the SAP process.

RTD tests must be administered under direct observation, and the driver must obtain a negative result before they can return to safety-sensitive work.

6. Follow-Up Testing

Under 49 CFR Part 382, § 382.311, follow-up tests must be administered by the rules outlined in 49 CFR Part 40.

After a driver has returned to work after completing the RTD process for a violation of the DOT’s drug and alcohol rules, they must undergo a minimum of six unannounced drug or alcohol tests within the first 12 months.

They must then complete follow-up tests for up to five years at the direction of a DOT-qualified substance abuse professional (SAP).

What Substances are Tested Under DOT Regulations?

Under 49 CFR Part 40, § 40.82 and the DOT’s five-panel notice, DOT drug tests are five-panel tests that test for recent use of the following substances:

• Marijuana (THC)
• Cocaine
• Amphetamines (amphetamine, methamphetamine, MDMA, and MDA)
• Opioids (heroin, codeine, morphine, hydrocodone, hydromorphone, oxycodone, and oxymorphone)
• Phencyclidine (PCP)

While the test is a five-panel test for five major drug categories, it tests for 14 different drugs falling within them.

Important Laws & Regulations

49 CFR Part 382

The drug and alcohol testing rules are found in 49 CFR Part 382. These rules govern who must be tested, when tests must occur, and why drivers must be tested.

Under 49 CFR Part 382, § 382.103, anyone who operates a commercial vehicle as a CDL driver in the US is subject to DOT drug tests.

This includes CDL drivers with commercial driver’s licenses issued by the governments of Canada and Mexico who operate within the US.

A commercial motor vehicle (CMV) includes any vehicle used in interstate commerce to transport passengers or property that:

• Has a gross vehicle weight of 10,001 pounds or more
• Is a single or combination vehicle with a gross vehicle weight of 26,001 pounds or more
• Is designed to transport 8 people (including the driver) for pay or 16 (including the driver) without compensation
• Is a vehicle of any size used to transport hazardous materials with placarding

The rules within Part 382 regarding the types of tests, when they’re performed, and why were previously described above.

The rules that control how testing is performed, specimens are collected, and results are reported are found in 49 CFR Part 40.

These rules apply to employers, DOT-approved collection sites, DOT-approved specimen collection personnel, drug testing laboratories, and medical review officers (MROs).

The rules outline the responsibilities of each of these parties when performing DOT drug and alcohol tests and what they must do when a safety-sensitive worker violates the DOT’s drug and alcohol rules.

Updated DOT Drug Testing Rules for 2025

Starting in 2025, the DOT and FMCSA have introduced several updates that CDL drivers, employers, and Consortium/Third-Party Administrators (C/TPAs) need to know:

Increased Random Testing Rate

The DOT’s random testing rates for 2025 indicate a few changes that you should know:

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) has raised its rate for random drug tests to 50% of an employer’s average number of safety-sensitive operators. This is an increase from the 25% random testing rate used in previous years.
• The Federal Motor Carrier Safety Administration (FMCSA) continues to enforce a 50% random drug testing rate for CDL drivers. This rate has remained the same since 2020.
• The Federal Aviation Administration’s (FAA) random drug testing rate for 2025 remains at 25%.
• The Federal Railroad Administration’s (FRA) random testing rates differ based on the employee type as follows:

• Service workers – 25%
  • Maintenance of way workers – 25%
  • Mechanical workers – 50%

• The Federal Transit Administration’s (FTA) random drug testing rate is 50% in 2025.
• Employers that are regulated by more than one DOT administration can combine their random testing pools as long as they meet all applicable testing rates.

New Oral Fluid Testing Option

In January 2025, the DOT published the DOT Oral Fluid Specimen Collection Procedures Guidelines, which authorize saliva-based drug tests as an alternative to DOT urine tests.

Saliva drug tests are not yet widespread because of pending lab certification requirements.

However, when it is widely available, it will offer a less invasive collection method and could also reduce cheating attempts.

Saliva tests will still check for the same five-panel drug test list used for DOT urine drug tests.

Expanded SAP Oversight and Reporting

Under 49 CFR Part 40, § 40.301, DOT-qualified Substance Abuse Professionals (SAPs) provide detailed reports to employers about a CDL driver’s completion of the RTD process.

This can include individualized RTD plans and follow-up testing schedules based on the driver’s violation and their progress in the recommended treatment and education sessions.

Under 49 CFR Part 40, § 40.307, the minimum required number of follow-up tests remains at six unannounced tests in the first year after a CDL driver has returned to driving.

However, an SAP can require more than six unannounced tests during that year based on the driver’s substance use history and risk level.

CDL Suspension Based on Clearinghouse Records

Under the 2021 final rule and 2023 DOT guidance, drivers marked as prohibited in the FMCSA Drug and Alcohol Clearinghouse face immediate CDL suspension in most states as of Nov. 18, 2024.

State licensing agencies now use the Clearinghouse data directly to suspend commercial driving privileges until a driver completes the RTD process.

How Drivers Can Stay Compliant

1. Stay Informed About Regulatory Requirements

Regularly review the FMCSA’s drug and alcohol rules and your testing obligations as a CDL driver.

Pay attention to when you will be tested, substances to avoid, and what you must do when you are sent for testing.

2. Avoid Using Illegal Drugs & Alcohol

Avoid using illegal drugs in all cases.

If you are prescribed a drug that could trigger a false positive, inform the testing site collection personnel, and bring a copy of your valid prescription.

Don’t use alcohol before or during safety-sensitive work.

3. Report Immediately and Follow Testing Procedures

As a CDL driver, you are required to report for drug or alcohol testing right away when instructed—delays can be considered a refusal to test.

Follow all instructions at the collection site carefully to avoid errors that could delay results or lead to violations.

4. Participate in Education and Awareness Programs

Participate in drug and alcohol education and awareness programs as a preemptive measure.

Know the signs that someone might be under the influence of drugs or alcohol, and report to your supervisor if you see another driver who appears to be impaired.

5. Complete the SAP and RTD Process Following a Violation

If you violate the DOT drug and alcohol rules, immediately stop driving or performing any safety-sensitive work.

Engage a DOT-qualified SAP like American River Wellness and complete your SAP evaluation.

Follow all recommended treatment and education requirements given to you by your SAP.

6. Submit a negative RTD drug and/or alcohol test.

When you return to work, complete all follow-up tests with negative results.

Choose American River Wellness as Your Trusted DOT SAP

As a DOT-regulated safety-sensitive worker, you must comply with all of the DOT’s drug and alcohol rules, including the CDL drug testing requirements.

Make sure you understand your drug and alcohol testing requirements and always comply when sent for a test.

If you violate the drug and alcohol rules, American River Wellness is here to get you back to work fast.

Contact us today to schedule your SAP evaluation and start the process 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

About the Author

Graham Sargent 

CEAP, CADC-III-ICADC, IS, SAP

Graham has more than 14 years of experience working with safety sensitive employees, criminal justice involved individuals, families in the child welfare system as well as individuals and families affected by drug and alcohol use. Graham has built American River Wellness around a simple but powerful mission: to provide personalized, compassionate support for every individual navigating the return-to-duty process.