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A failed pre-employment DOT drug test can feel devastating, but it doesn’t have to be the end of your career as a CDL driver.
At American River Wellness, we’ve helped many drivers navigate the return-to-duty process and regain their eligibility to get hired.
In this guide, we’ll walk you through what happens after a failed test and how to get back on the road quickly.
Key Takeaways
- If you fail or refuse a pre-employment DOT drug test, you won’t be able to get hired as a CDL driver, your failed test will be visible to all prospective employers through the FMCSA Drug & Alcohol Clearinghouse, and your CDL will be automatically downgraded.
- To be able to get back on the road, you’ll need to find a DOT-qualified Substance Abuse Professional, complete a SAP evaluation, follow any recommended treatment, pass a follow-up evaluation, and pass a return-to-duty drug test.
- Contact American River Wellness to get started with a same-day or next-day SAP evaluation: (833) 436-8727
What is a Pre-employment DOT Drug Test?
A pre-employment DOT drug screen is a five-panel urine test that’s required under 49 CFR Part 40 and 49 CFR Part 382, § 382.301.
You have to take this test if you apply for safety-sensitive roles with a company that’s regulated by one of the following DOT administrations:
- Federal Motor Carrier Safety Administration (FMCSA) – Pre-employment DOT drug tests required for CDL drivers
- Federal Aviation Administration (FAA) – Pre-employment DOT drug tests required for pilots, flight attendants, aircraft mechanics, etc.
- Federal Highway Administration (FHWA)
- Federal Railroad Administration (FRA) – Pre-employment DOT drug tests required for railway workers, train engineers, train conductors, etc.
- Pipeline and Hazardous Materials Safety Administration (PHMSA) – Pre-employment DOT drug tests required for pipeline operators, hazardous materials handlers, hazardous materials transportation workers, etc.
- Maritime Administration/US Coast Guard (USCG) – Pre-employment DOT drug tests required for maritime workers
- Federal Transit Administration (FTA) -Pre-employment DOT drug tests required for transit workers
You’ll have to take the drug test in any of the following situations:
- When you apply for a safety-sensitive job with a company regulated by the DOT administration
- Before you can perform any safety-sensitive job duties
- Before you can be hired as a driver, even if you hold a current CDL but haven’t used it recently
- When you transfer to a new DOT-regulated employer
- When you’ve previously failed a DOT drug test and are re-entering the industry after completing the return-to-duty (RTD) process
What Can Cause You to Fail a DOT Drug Test
1. You test positive
This is a 5-panel urine test that screens for recent use of the following substances:
- Marijuana/THC
- Cocaine
- Phencyclidine (PCP)
- Opioids (heroin, fentanyl, oxycodone, hydrocodone, and hydromorphone)
- Amphetamines/methamphetamine
Some over-the-counter medications, dietary supplements, prescription drugs, CBD products, and foods like poppy seeds can cause positive test results even if they’re legal or labeled as natural.
When in doubt, avoid them before your test or check with a medical professional.
If you think your result was a false positive, you have 72 hours to ask the Medical Review Officer (MRO) to test the split specimen.
2. You refuse to test
Under 49 CFR Part 40, § 40.191, the following all count as a refusal for pre-employment drug tests:
- You leave the testing site after the process has started
- You don’t provide a specimen after the process has started
- You can’t provide a sufficient specimen and have no valid medical explanation
- You fail or refuse to take a second test when directed (for example, after submitting a sample outside the valid temperature range)
- You don’t cooperate with any part of the testing process, such as not emptying your pockets, not washing your hands when told to, being disruptive, or not removing items from your mouth
- You wear or bring a device intended to interfere with the test
- You submit an adulterated or tampered sample
- You admit to the MRO or collection site staff that you adulterated or tampered with your sample
What Happens if You Fail a DOT Drug and Alcohol Test
1. You Won’t Be Hired
Under 49 CFR Part 382, § 382.301, a DOT-regulated employer can’t hire you for safety-sensitive work, including as a CDL driver, if you fail a pre-employment DOT drug test.
2. Employer Reports Your Failed Test
Under 49 CFR Part 382, § 382.705, the employer must report your failed pre-employment DOT drug test to the FMCSA Drug & Alcohol Clearinghouse within three business days of receiving the results.
Since all prospective employers are required to query the Drug & Alcohol Clearinghouse before offering you a job, they will see the violation and won’t be able to hire you until you complete the RTD process.
3. Your CDL is Automatically Suspended
When you fail a DOT drug test, your State Driving License Agency (SDLA) must downgrade your CDL to a regular license at a minimum and place you in a prohibited status in the Clearinghouse.
Your record in the Clearinghouse will remain for five years or until you complete the RTD process, whichever occurs first.
Your Next Steps
1. Find a DOT-Qualified SAP
The employer will provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs).
You can also search for one in your area or online.
If you’re looking for a convenient option, American River Wellness is a DOT-qualified SAP that offers virtual evaluations.
2. Attend Your SAP Evaluation
You’ll meet with your DOT-qualified SAP for an evaluation.
The SAP will ask you questions about your violation, substance abuse history, and other factors that contributed to your failure or refusal.
They will then design a treatment plan based on their findings that you must complete.
3. Complete Your Treatment and Education Recommendations
Depending on your violation and substance use history, the SAP might recommend any of the following:
- Drug and alcohol education classes
- Outpatient counseling
- Support groups
- Group counseling
- Inpatient drug rehabilitation (when necessary)
You must complete all of the SAP’s treatment and education recommendations.
Your SAP will monitor your progress throughout your treatment.
4. Meet With Your SAP Again
Once you’ve completed your treatment and education requirements, you’ll meet with your SAP again for a follow-up visit.
If they’re satisfied with your progress, you’ll be cleared to complete a return-to-duty (RTD) drug test.
5. Complete and Pass the Return-to-Duty Drug Test
You must complete an RTD drug test and submit a negative result.
This test will be under direct observation.
If you pass, it will be reported to the FMCSA Drug & Alcohol Clearinghouse, and your SAP will report that you are cleared to return to work.
6. Complete Follow-Up Tests With Any New Regulated Employer
Once you get a new job as a CDL driver with a regulated employer, you must complete a follow-up testing program designed by your SAP.
Your employer is responsible for implementing the follow-up testing program.
At a minimum, you’ll have to take at least six follow-up drug tests within the first 12 months.
These tests are directly observed.
Follow-up tests can continue up to five years, depending on your SAP’s recommendations.
If you fail or refuse a follow-up test, you’ll be removed from duty and will have to restart the RTD process.
Get Help After a Failed Pre-Employment DOT Drug Test
If you’ve failed a pre-employment DOT drug test, don’t lose hope.
You can get your CDL back and get hired as a safety-sensitive driver if you complete the RTD process with the right SAP.
Contact the DOT-qualified SAPs at American River Wellness today to schedule your SAP evaluation and get started: (833) 436-8727.
DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.
FAQ
Generally, no. You can request split-specimen testing if you believe the result is wrong, but it will be at your cost.
A failed DOT drug test will stay on your record in the FMCSA Drug & Alcohol Clearinghouse for five years or until you complete the RTD process, whichever occurs first.
Yes, individuals who fail or refuse a DOT drug test typically are responsible for paying for the SAP evaluation.
SAP evaluation costs can vary depending on the provider and your location, and some SAPs may charge additional administrative or consultation fees on top of the base rate.
American River Wellness offers a $450 base rate for the SAP evaluation, which includes the follow-up evaluation with no hidden administrative fees.
Keep in mind that any recommended education, counseling, or treatment is billed separately, as these vary by case.
The return-to-duty drug test is also not included, since it must be ordered by your employer or their third-party administrator rather than the SAP.
We also don’t charge for consultations for 5 years after you complete the process.
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