FMCSA Drug & Alcohol Clearinghouse Requirements: A Complete Guide [2025]

As a CDL driver, violating the U.S. Department of Transportation’s drug and alcohol rules can result in the loss of your driving privileges.

If you violate these rules, your employer must report to the Federal Motor Carrier Safety Administration’s (FMCSA) Drug & Alcohol Clearinghouse.

Employers must check the Clearinghouse for violations before hiring you and must immediately remove you from duty if you have a Clearinghouse record.

This guide explains the FMCSA Clearinghouse and what to do if you violate the DOT’s drug and alcohol rules.

What is the Drug & Alcohol Clearinghouse?

The Drug & Alcohol Clearinghouse is a secure database that provides real-time information to employers, state Departments of Motor Vehicles (DMVs), law enforcement officers, and the Federal Motor Carrier Safety Administration (FMCSA) about drug and alcohol rule violations committed by commercial drivers and commercial learners’ permit holders.

Employers must search the Clearinghouse before they hire a CDL driver to determine whether they have committed any violations of the US Department of Transportation’s (DOT) drug and alcohol rules and to receive information about those violations.

They must also perform limited searches each year on all of their CDL drivers to check whether they have new violations, and if they do, they must then perform full searches to obtain details about them.

The Clearinghouse was created by the Safe Roads Act of 2012, which directed the DOT to establish it.

The purpose of the Clearinghouse is to prevent CDL drivers who have committed drug and alcohol violations with one employer from quitting and moving on to a second employer who might otherwise be unaware of the violation.

What are the Drug & Alcohol Clearinghouse Requirements?

Clearinghouse Requirements For Employers

1. Register on the FMCSA Clearinghouse

Under 49 CFR part 382, § 382.711m 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.

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 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. Separate Violating Employees

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

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 follow-up testing program as recommended by the Substance Abuse Professional (SAP)

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 failure to show up to the testing center as scheduled
• 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

Both employers and MROs must report the following information about the violations:

• Reason for the drug or alcohol test
• The driver’s name, CDL number, date of birth, and CDL state
• The employer’s name, address, and USDOT number
• Test date
• Result reported date
• Test result (positive or refusal)
• For MROs, the Specimen identification number from the Federal Drug Testing and Control Form

6. Report Documentation

Employers must report documentation to the Clearinghouse about 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 the driver was provided with a copy of all documentation by the employer

7. Retain Records

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.

Clearinghouse Requirements For Drivers

The FMCSA doesn’t require CDL drivers to register on the Clearinghouse.

While there isn’t a registration requirement, a CDL driver will still need to register on the Clearinghouse when they’re looking for a new job or after committing a drug and alcohol violation.

Imagine that you apply to a new transportation company as a CDL driver. They must check the FMCSA Clearinghouse.

This pre-employment query requires your prospective employer to obtain electronic consent through the Clearinghouse.

If you’re not registered, the employer won’t be able to perform the search or offer you a job.

Similarly, registration is also necessary if an employer needs to conduct a full search because a limited query returns information that you have an alcohol or drug violation listed in the database.

While you can provide written consent for a limited search, you must provide electronic consent for a full query.

1. Registration with the Clearinghouse

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 searches of the FMCSA Drug and Alcohol Clearinghouse.

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

There are two types of searches, including limited and full queries, that employers perform.

• Full queries show employers detailed information about any drug and alcohol violations drivers have. Employers must perform full queries of the Clearinghouse before hiring a CDL driver. They must also perform them whenever a limited query returns a notice that a driver has a drug or alcohol violation.
• Limited queries only search to find whether a driver has a listed alcohol or drug violation associated with their CDL, but they don’t provide details about the violation itself. Employers perform limited queries annually on all of their CDL drivers. To allow your employer to perform a limited query, you must provide written consent. This is typically done during onboarding on a form that can be used for several years. Your employer must obtain electronic consent from you through the Clearinghouse to conduct a full query. To provide electronic consent, you must register on the Clearinghouse.

Clearinghouse II: New Regulation for DMVs to Know

In addition to the laws and regulations discussed above (Clearinghouse I), you should also understand a new rule that recently went into effect.

The Clearinghouse II rule recently went into full effect on Nov. 18, 2024.

Clearinghouse II requires state DMVs to search the FMCSA Drug & Alcohol Clearinghouse.

States must downgrade the CDL licenses of any drivers listed with violations in the Clearinghouse. They can’t allow them to obtain a new CDL license until they have completed the mandatory RTD process.

This means that if you have a violation listed in the Clearinghouse, your state will downgrade your license to a regular driver’s license.

You won’t be able to get another CDL to drive commercially until you complete the RTD process.

What Are FMCSA Clearinghouse Violations?

All of the following are violations of the DOT’s drug and alcohol rules, must be reported to the Clearinghouse, and will result in the loss of your ability to drive until you complete the RTD process:

Drug and Alcohol Violations

• Positive 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 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’s Next?

As you can see, there are many ways you can violate the DOT drug and alcohol rules.

If you test positive for alcohol or drugs or refuse to test when asked, your employer must immediately remove you from driving.

Your employer will then report your violation to the Drug and Alcohol Clearinghouse, which will cause an automatic suspension of your CDL license.

You won’t be able to return to your job until you complete the return-to-duty process:

1. Find a DOT SAP

Once you violate the alcohol and drug rules and are removed from duty, 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

As a CDL driver, you must understand the FMCSA Clearinghouse and comply with the DOT drug and alcohol rules.

Violating these rules will result in the loss of your CDL license and your ability to return to work until you complete the return-to-duty process.

To understand your Clearinghouse requirements and start the RTD process, trust American River Wellness.

We are a DOT-qualified SAP and are dedicated to helping you get back on the road fast.

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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