Table of Contents
If you have a CDL in Arkansas and you either fail or refuse a DOT-regulated drug or alcohol test, you’re officially off the road until you complete the return-to-duty process.
Getting back to work starts with an evaluation from a qualified Substance Abuse Professional (SAP).
At American River Wellness, we specialize in helping Arkansas CDL drivers complete the DOT SAP program in Arkansas quickly, whether you’re based in Little Rock, Fort Smith, Fayetteville, Jonesboro, Hot Springs, or anywhere else in the state.
This guide walks you through each step of the SAP program and helps you understand exactly what’s required before you can get back in the driver’s seat.
Key Takeaways
- If you fail or refuse a DOT drug or alcohol test in Arkansas, you’ll be pulled from safety-sensitive duties immediately and cannot return until you complete the SAP process.
- The return-to-duty process includes: removal from duty, an evaluation by a DOT-qualified SAP, completion of any required treatment or education, a follow-up evaluation, a return-to-duty test, and ongoing follow-up testing.
- American River Wellness offers same-day and next-day virtual SAP evaluations statewide, and full guidance from your first appointment until your final clearance.
What is a DOT SAP Evaluation?
A DOT SAP evaluation is a federally required step for any safety-sensitive worker regulated by the U.S. Department of Transportation who violates federal drug or alcohol rules.
The evaluation is conducted by a DOT-qualified Substance Abuse Professional who will:
- Review your situation and the events leading to your violation
- Assess your history with substance use (if any)
- Recommend an education or treatment plan tailored to your needs
- Monitor your progress through that plan
- Approve you for follow-up testing once you’ve completed all requirements
Your SAP’s recommendations might include:
- Substance abuse counseling or therapy
- Peer support meetings such as NA or AA
- Inpatient or residential care
- Alcohol and drug education programs
- Return-to-duty drug/alcohol testing
- Ongoing follow-up testing
The goal of the evaluation is simple: to make sure you’re sober, stable, and ready to safely handle the responsibilities of your job again.
Who Needs to Complete the SAP Program in Arkansas?
Any safety-sensitive employee regulated by the DOT who violates federal drug or alcohol rules must complete the SAP process before returning to those duties.
For Arkansas CDL drivers, this includes:
- Commercial drivers operating a CMV with a valid CDL
- Drivers transporting hazardous materials (HAZMAT)
- Bus drivers or anyone transporting 16 or more passengers
- Part-time and full-time CDL drivers
- Government-employed CDL holders at the local, state, or federal level
In Arkansas, CDL holders make up a large percentage of safety-sensitive workers. DOT rules require these drivers to undergo drug and alcohol testing in several situations:
- Pre-employment – before starting a new driving job
- Random testing – unannounced, throughout the year
- Post-accident testing – after qualifying crashes
- Reasonable suspicion testing – if there’s evidence of possible impairment
Failing or refusing any of these tests triggers the return-to-duty process and is recorded in the FMCSA Drug and Alcohol Clearinghouse.
DOT Return-to-Duty Process in Arkansas
If you fail or refuse a DOT drug or alcohol test, here’s how the process works:
1. Immediate Removal from Duty
Your employer must remove you from all safety-sensitive work right away. This is a DOT requirement – there’s no grace period.
2. Referral to a DOT-Qualified SAP
Your employer will provide a list of DOT-qualified SAPs. Only SAPs with official DOT credentials can conduct this evaluation; general therapists or counselors cannot.
3. Initial SAP Evaluation
You’ll meet with your chosen SAP, either in person or virtually.
They will:
- Review your substance use history
- Go over what led to your violation
- Design a customized education or treatment plan
4. Complete the Recommended Program
This is where you do the work. Your SAP’s plan may include:
- Alcohol or drug education classes
- Weekly or biweekly counseling
- Attendance at peer support groups
- Inpatient or residential care, if needed
Your SAP will check your progress and ensure you complete everything.
5. Follow-Up Evaluation
Once your program is complete, you’ll meet again with your SAP. If you’ve met all requirements, they’ll prepare a report stating you’re ready for return-to-duty testing.
6. Return-to-Duty Test
You must pass a directly observed DOT drug or alcohol test. For drug tests, results must be negative; for alcohol cases, your BAC must be below 0.02%.
7. Employer Review & Reinstatement
Your employer will review your SAP report and test results. Even if you’ve completed the process, they are not required to rehire you.
8. Follow-Up Testing
If you’re rehired or hired by another DOT-regulated employer, you must follow your SAP’s follow-up testing schedule.
This usually includes:
- At least six unannounced tests in the first year
- Random testing for up to five years
- Strict attendance at every testing appointment
9. Continued Monitoring
Your employer is responsible for making sure you stick to your follow-up plan.
If you fail or refuse another test, you’ll be removed from duty and must start the SAP process over.
Important Laws & Regulations
Federal Laws
Motor Carrier Safety Improvement Act (MCSIA) of 1999
This federal law created the Federal Motor Carrier Safety Administration (FMCSA), the agency responsible for enforcing safety rules for commercial drivers and their employers.
The FMCSA operates under the U.S. Department of Transportation and sets strict consequences for violations, whether they happen in a commercial vehicle or your personal car.
Major offenses under MCSIA include:
- Driving under the influence (DUI) of alcohol or drugs
- Possessing or using illegal drugs
- Refusing a required chemical test
- Committing other serious traffic violations that result in license suspension or revocation
Penalties include:
- First offense – 1-year CDL disqualification
- Second offense – Lifetime CDL disqualification (possible reinstatement after 10 years in some cases)
If the violation involves certain felonies, such as manufacturing or distributing controlled substances, the lifetime ban is permanent.
FMCSA Drug & Alcohol Testing Rules
Per 49 CFR Part 382 § 382.103, all DOT-regulated employers must test CDL drivers for drugs and alcohol in the following situations:
- Pre-employment testing before starting work
- Random testing during employment
- Post-accident testing after qualifying crashes
- Reasonable suspicion testing based on observable signs
- Return-to-duty and follow-up testing after a violation
FMCSA Clearinghouse & CDL Suspension
According to the FMCSA’s 2021 final rule and 2023 DOT guidance:
- Failing or refusing a DOT drug/alcohol test or being listed as “prohibited” in the Clearinghouse results in immediate CDL suspension.
- You cannot regain your CDL until you complete the full return-to-duty process.
- Violations stay in the Clearinghouse for five years or until all SAP steps are complete, whichever comes first.
Employer Reporting Rules
Under 49 CFR Part 382 § 382.705, DOT-regulated employers must report all violations to the Clearinghouse using Login.gov.
These records are visible to future employers when you apply for another safety-sensitive position.
When a SAP Evaluation Is Required
Per 49 CFR Part 40 § 40.285, you must immediately stop performing safety-sensitive duties if you:
- Test positive on a DOT drug test
- Have a BAC of 0.04% or higher while operating a CMV
- Refuse or fail to take a required test
- Submit a tampered or substituted sample
- Violate any other DOT drug/alcohol rule
Final Step Before Returning to Work
According to 49 CFR Part 40 § 40.305, your employer can only allow you to return to duty if you:
- Pass a return-to-duty test with a negative result
- Complete all SAP-recommended education/treatment
- Show a BAC below 0.02% if your violation involved alcohol
Even after you meet all federal requirements, your employer has the final say on reinstatement.
Arkansas State Laws
Lower BAC Limit for CDL Drivers
Under Arkansas Code § 27-23-114(a)(2), the legal BAC limit for CDL drivers is 0.04%, half the 0.08% limit for non-commercial drivers set in Arkansas Code § 5-65-103.
This limit applies when operating a commercial motor vehicle as defined in Arkansas Code § 27-23-103(8) and federal regulation 49 C.F.R. § 390.5.
Even with a BAC below 0.04%, you can still be charged with DUI in Arkansas if any amount of alcohol or drugs impairs your driving ability.
Disqualification Penalties for DWI & Other Major Offenses
Under Arkansas Code § 27-23-112, a one-year CDL disqualification applies for a first offense involving any of the following:
- Operating a CMV with a BAC of 0.04% or higher
- Refusing a DOT-required drug/alcohol test while operating a CMV
- Refusing a drug or alcohol test while driving a non-commercial vehicle
- Driving while intoxicated by drugs or alcohol in any vehicle (CMV or personal)
- Leaving the scene of an accident in any vehicle
- Using any motor vehicle to commit a felony
- Operating a commercial vehicle while the driver’s CDL or commercial learner’s permit is suspended or revoked
- Conviction of manslaughter, murder, or negligent homicide when operating a commercial vehicle resulting in a fatality
If transporting hazardous materials, the first-offense disqualification is increased to three years.
A second violation for any of the above results in a lifetime CDL disqualification, though some drivers may qualify for reinstatement after 10 years by completing a state-approved rehabilitation program.
If the offense involves committing a felony while operating a commercial or non-commercial vehicle related to manufacturing, distributing, or possessing with the intent to distribute controlled substances, a first conviction results in a lifetime disqualification.
A second conviction for committing a felony while operating any vehicle involving manufacturing, distributing, or possessing with intent to distribute controlled drugs results in a lifetime ban.
A conviction for using a CMV for human trafficking results in a permanent lifetime ban, even on the first conviction.
Serious Traffic Violations
Under Arkansas Code § 27-23-103(41) and § 27-23-112(c), CDL holders who commit serious traffic violations while operating a CMV can face temporary disqualification.
Serious traffic violations include:
- Speeding 15 mph or more above the limit
- Reckless driving
- Improper lane changes
- Following too closely
- Traffic offenses involving fatalities other than parking offenses
- Driving a commercial vehicle without holding the proper CDL, learner’s permit, or endorsements
- Driving a commercial vehicle without having the driver’s CDL or permit in their possession
- Texting while driving
- Using a handheld mobile device while driving
Penalties:
- Any combination of two serious traffic violations within three years – 60-day disqualification
- Any combination of three or more serious traffic violations within three years – 120-day disqualification
Violating Out-of-Service Orders
Violating out-of-service orders can have serious repercussions for your CDL.
Under Arkansas Code § 27-23-112(f), the penalties include:
- First violation: 180 days – 1 year
- Second violation within 10 years: 2-5 years
- Third or subsequent violation within 10 years: 3-5 years
If carrying hazardous materials or passengers at the time, the penalties increase to 180 days to 2 years for a first offense and 3-5 years for subsequent offenses within 10 years.
Under Arkansas Code § 27-23-113(c), a driver who violates an out-of-service order related to consuming an alcoholic or intoxicating beverage within four hours of driving a commercial vehicle or possessing alcohol or an intoxicating beverage while driving results in the following additional penalties:
- Fine of at least $2,500 plus disqualification for a first violation
- Fine of at least $5,000 plus disqualification for a second violation
Railroad-Highway Grade Crossing Violations
Per Arkansas Code § 27-51-701 – 27-51-706, railroad crossing violations include:
- Failing to slow down/check for trains when required
- Failing to stop when the crossing isn’t clear
- Ignoring required stop rules (e.g., for buses, certain HAZMAT vehicles, or heavy equipment
- Proceeding without enough space to clear the tracks
- Disobeying signals or law enforcement orders
- Crossing without enough undercarriage clearance
The disqualification periods for railroad crossing violations are found in Arkansas Code 27-23-112(e) and include:
- First offense: At least 60 days
- Second offense within three years: At least 120 days
- Third offense within three years: At least 1 year
Choosing the Right SAP Program in Arkansas
When starting the SAP process, the provider you choose can make all the difference.
Here’s what to look for:
1. Fast, Virtual Appointments
At American River Wellness, we offer same-day or next-day virtual SAP evaluations anywhere in Arkansas. No travel or long waits, just a quick start to your process.
2. Clear, Consistent Communication
We keep in touch throughout the entire process. Whether by phone, text, or email, you’ll always know your next step, and so will your employer.
3. Straightforward Pricing
Our SAP evaluations start at $450, with flexible payment options beginning at $112 through Afterpay. No hidden fees, just honest, upfront pricing.
4. Full Support from Start to Finish
From your first evaluation to your final clearance, we guide you through every requirement and connect you with any needed support resources.
5. Qualified Evaluators Who Know DOT Rules
Our team is made up of highly trained professionals who are fully qualified to meet all DOT standards, including:
- Certified Employee Assistance Professional (CEAP)
- Certified Alcohol and Drug Counselor (CADC)
- Internationally Certified Alcohol and Drug Counselor (ICADC)
- Intervention Specialist (IS)
- DOT Qualified Substance Abuse Professional (DOT SAP)
With these credentials and years of experience, we make sure every SAP evaluation meets all federal requirements.
6. Ongoing Support When You Need It
We keep your SAP records for five years and can coordinate with employers or testing services if needed later on.
Get Back on the Road with American River Wellness
If a DOT drug or alcohol violation has stalled your driving career, completing the SAP process is your first move toward getting back behind the wheel.
We make it as simple and quick as possible, with virtual DOT SAP evaluations, experienced professionals, and clear guidance every step of the way.
Call us at (833) 436-8727 to book your SAP evaluation today.
DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.
FAQ
Our base rate is $450, with flexible payment options starting at just $112 through Afterpay.
No. SAP programs are not free. Most drivers are responsible for the cost unless their employer offers financial assistance.
At American River Wellness, we keep our pricing affordable and below the national average.
Before your SAP evaluation, gather any documents related to your violation, review your employer’s drug and alcohol policies, avoid all substance use, and take time to familiarize yourself with the DOT return-to-duty process.
It depends on your individual case and how quickly you complete each required step.
Most Arkansas drivers working with us finish everything, including the evaluation, recommended treatment or education, and follow-up, within 3 to 7 days.