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If you’re a CDL driver in California who fails or refuses a DOT alcohol or drug test, your career will be put on hold.
You must complete a mandatory Substance Abuse Professional (SAP) program to regain your driving privileges.
At American River Wellness, we provide fast DOT SAP evaluations for truck drivers across Los Angeles, San Diego, San Francisco, and throughout the entire state of California.
This guide outlines everything you need to know about the DOT SAP program and what to expect throughout the process.
Key Takeaways
- Commercial drivers in California who fail or refuse a DOT drug or alcohol test must complete a required Substance Abuse Professional (SAP) evaluation and the return-to-duty process before resuming safety-sensitive duties.
- The return-to-duty process includes several steps: Immediate removal from duty, SAP evaluation, completion of recommended treatment or education, follow-up evaluation, return-to-duty testing, and ongoing compliance with follow-up testing for up to five years.
- At American River Wellness, we offer fast DOT SAP evaluations, education, support groups, and counseling referrals for clients across California.
What is a DOT SAP Evaluation?
A DOT SAP evaluation is a mandatory assessment required for safety-sensitive employees under U.S. Department of Transportation (DOT) regulations after they violate the DOT’s drug and alcohol policies.
DOT-qualified Substance Abuse Professionals (SAPs) conduct this evaluation to determine whether you are safe to return to work.
Following the evaluation, the SAP will develop a personalized plan outlining the necessary steps you must complete, such as individual treatment, support groups, inpatient treatment, educational courses, return-to-duty testing, follow-up testing, and other required actions before you can resume your job.
This process ensures that you remain substance-free and capable of performing your duties safely and responsibly.
Who is Required to Complete the SAP Program?
Safety-sensitive employees working for DOT-regulated companies, including those in trucking, aviation, rail, and other transportation sectors, must complete the SAP program if they fail or refuse a DOT drug or alcohol test.
For truck drivers, this requirement applies to:
- CDL holders operating commercial vehicles
- Drivers transporting hazardous materials (HAZMAT)
- Bus drivers and others carrying 16 or more passengers
- Both full-time and part-time commercial drivers
- Government-employed drivers at the local, state, or federal level
In California, commercial drivers are subject to pre-employment drug and alcohol tests, random drug tests, and post-accident testing.
A DOT drug or alcohol violation triggers the return-to-duty process, which includes an SAP evaluation, recommended treatment and/or education, return-to-duty testing, and follow-up testing to ensure compliance.
Employers check the FMCSA Drug and Alcohol Clearinghouse to identify drivers who have been disqualified due to drug or alcohol violations.
DOT Return-to-Duty Process in California
If you fail or refuse a DOT drug or alcohol test, you must complete the return-to-duty (RTD) process before resuming work. The steps of this process include the following:
1. Immediate Removal from Safety-Sensitive Duties
After violating DOT drug and alcohol regulations, your employer is required under 49 CFR Part 40 to immediately remove you from any safety-sensitive functions.
You will be informed that completing the SAP return-to-duty (RTD) process is mandatory before you can return to work.
2. Referral to a Substance Abuse Professional (SAP)
Your employer will provide a list of qualified SAPs approved under DOT regulations.
You can also search for DOT-qualified SAPs online to find one that is reputable and convenient.
Standard counselors or therapists who are not DOT-qualified cannot conduct SAP evaluations.
3. Initial SAP Evaluation
You must select a DOT-qualified SAP and schedule your initial evaluation, which can be done in person or online.
During the assessment, the SAP will review your history, ask questions, and evaluate the circumstances surrounding your violation.
Based on their findings, they will develop a personalized treatment and education plan for you.
4. Completion of the Required Treatment or Education Program
You must complete all steps in your SAP’s plan before you will be cleared to return to work.
Your treatment plan may include any or all of the following:
- Drug and alcohol education
- Outpatient counseling
- Inpatient treatment (if necessary)
- Substance abuse support groups
Your SAP will oversee your progress and confirm compliance.
5. Follow-Up SAP Evaluation
Once you complete your treatment and education program, you will meet with your SAP for a follow-up evaluation.
If they determine you have met all requirements, they will issue a return-to-duty report confirming you are fit for work.
This report will be sent to your employer and uploaded into the FMCSA Clearinghouse.
6. Return-to-Duty Testing
You must take a DOT return-to-duty drug and alcohol test under direct observation.
A negative test result is required to move forward.
Negative RTD tests are reported to the FMCSA Clearinghouse.
7. Employer Decision on Reinstatement
Your employer will review your SAP report and RTD test results before deciding on reinstatement.
However, even if you meet all requirements, your employer is not obligated to reinstate you.
8. Follow-Up Testing Program
If reinstated, you must follow a customized follow-up testing schedule determined by your SAP.
If your employer does not reinstate you, follow-up testing will still be required if you seek employment at another DOT-regulated company.
Follow-up testing typically includes:
- A minimum of six unannounced drug and alcohol tests in the first year
- Potential continued testing for up to five years, based on your SAP’s recommendation
- Strict compliance with all follow-up testing requirements
9. Ongoing Monitoring and Compliance
Your employer will monitor your compliance with follow-up testing.
If you fail a follow-up test, refuse to test, or test positive again, you will be immediately removed from safety-sensitive duties and must restart the SAP process.
Important Laws & Regulations
Federal Laws and Regulations
Motor Carrier Safety Improvement Act (MCSIA) of 1999
The Motor Carrier Safety Improvement Act (MCSIA) of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) within the U.S. Department of Transportation (DOT) to regulate commercial drivers and the companies that employ them.
This law enforces penalties for specific offenses committed in a driver’s personal vehicle, including:
- DUI convictions
- Controlled substance-related offenses
- Refusing a chemical test when requested by law enforcement
- Committing any serious traffic offenses that result in the revocation or suspension of the individual’s driver’s license
A first offense results in a one-year CDL suspension, while a second offense could lead to a lifetime CDL disqualification.
FMCSA Drug Testing Requirements for CDL Drivers
Under 49 CFR Part 382, FMCSA-regulated employers must conduct DOT drug and alcohol tests. These regulations control the following:
- When and how testing must be performed
- The types of tests required
- Which employees are subject to testing
- How refusals must be handled
CDL drivers are the primary group affected by these requirements.
Prohibited Status in Clearinghouse & CDL Suspension
Drivers who fail a DOT drug or alcohol test, refuse to take one, or receive a “prohibited” status in the FMCSA Drug and Alcohol Clearinghouse face immediate CDL suspension under the 2021 final rule and 2023 DOT guidance.
Since November 18, 2024, any confirmed positive test result or test refusal automatically triggers a CDL suspension or revocation.
To reinstate their license and return to safety-sensitive duties, drivers must complete the SAP return-to-duty (RTD) process.
Violations remain in the Clearinghouse for five years or until the driver completes the RTD process—whichever comes first.
Reporting Process for DOT-Regulated Employers
Employers must report all drug and alcohol test violations to the FMCSA Drug and Alcohol Clearinghouse.
Under 49 CFR Part 40, DOT-regulated employers must upload drug and alcohol test results annually via Login.gov, a secure federal service.
This information is available to potential employers if the driver applies for a new job.
When an SAP Evaluation is Required
According to 49 CFR Part 40 § 40.285, any driver who violates DOT drug and alcohol regulations must immediately stop performing safety-sensitive duties.
A DOT-qualified SAP evaluation is mandatory for drivers who:
- Test positive on a DOT drug test
- Register a BAC of 0.04% or higher on an alcohol test
- Refuse to take a drug or alcohol test
- Submit an adulterated or substituted specimen
- Violate any other DOT drug and alcohol regulations
Conclusion of the Return-to-Duty Process
Per 49 CFR Part 40 § 40.305, an employer must confirm that a driver has completed the SAP process before reinstating them.
This includes all of the following:
- A verified negative return-to-duty drug test
- Completion of all SAP-recommended treatment and education programs
- An alcohol test showing a BAC below 0.02% for alcohol-related violations
Ultimately, the decision to reinstate a driver rests with the employer, who has the final authority to determine whether the individual can return to work.
State Laws and Regulations in California
California follows FMCSA’s drug and alcohol regulations for commercial drivers operating within the state.
However, there are specific state laws that CDL drivers in California should be aware of.
Lower BAC Limit for Commercial Drivers in California
Under California Vehicle Code § 23152, commercial drivers can be charged with DUI if any of the following conditions apply:
- The driver’s BAC is 0.04% or higher under subsection (d)
- The driver is under the influence of alcohol under subsection (a)
- The driver is under the influence of drugs (including prescription, over-the-counter, or illegal substances) under subsection (f)
- The driver is under the influence of any combination of alcohol and drugs under subsection (g)
- The driver is driving a personal vehicle with a BAC of 0.08% or higher under subsection (b)
If a commercial driver tests positive for any amount of alcohol, they can face fines, license suspension, and immediate removal from duty.
When CDLs are Required in California
California has three classes of CDLs, including Class C CDLs, Class B CDLs, and Class A CDLs. Individuals with Class A CDLs can drive any of the vehicles listed under Classes C or B.
Under California Vehicle Code § 15278, you must have a Class C CDL with endorsements to drive any of the following commercial vehicles:
- Double trailers
- Bus, farm labor vehicle, or public paratransit vehicles designed to carry 10 or more passengers
- School bus
- Tankers
Under California Vehicle Code §15250.1 and DMV requirements, you must hold a Class B CDL to drive any of the following vehicles:
- Single vehicle with a gross vehicle weight of more than 26,000 pounds
- 3-axle vehicle weighing over 6,000 pounds
- Bus (except a trailer bus), with endorsement
- Any farm labor vehicle, with endorsement
- All vehicles under Class C
Under California Vehicle Code § 15210(b)(1), a Class A CDL allows you to drive any commercial vehicle in the other classes.
No matter your CDL class, it can be suspended if you are convicted of a DUI or violate the DOT drug and alcohol rules.
CDL Disqualification in California
Under California Vehicle Code § 15300-15326, CDL drivers are subject to strict penalties, and violations can result in the loss of CDL privileges.
Under § 15300, offenses resulting in a one-year CDL suspension include:
- First offense conviction of any of the following offenses:
- Driving with a BAC of 0.04% or higher
- Driving while under the influence of alcohol
- DUI in a personal vehicle with a BAC of 0.08% or higher
- Driving while under the influence of drugs
- Refusing a drug or alcohol test
- Leaving the scene of an accident
- Driving a commercial vehicle with a revoked or suspended CDL
- Using a vehicle to commit a felony
- Causing a fatal accident due to negligent operation.
- Three-year suspension for first offenses of any of the above when transporting hazardous materials (HAZMAT)
You’ll receive a lifetime CDL ban for the following:
- A second conviction of any of the above-listed offenses in two separate incidents.
- Using a commercial vehicle to commit a felony involving human trafficking under § 15303
- Using a commercial vehicle to commit a felony involving the manufacture, distribution, or dispensation of illegal controlled drugs under § 15304
You’ll face a 60-day CDL suspension for two violations within three years of any of the following under § 15306:
- Speeding 15 mph or more over the limit
- Reckless driving
- Improper lane changes
- Following too closely
- Driving without a CDL or the required endorsements
- Texting while driving a CMV
If you’re found to have falsified information on your Commercial Driver’s License application, you’ll face a 60-day suspension under § 15309.
You’ll face a 120-day suspension for three violations within three years of any of the serious traffic offenses listed above under § 15308.
Suspensions for out-of-service orders violations under § 15311 include:
- First Violation: 180-day disqualification for operating a CMV while under an out-of-service order; Two-year disqualification for an out-of-service order violation while transporting hazardous materials or a bus carrying 16 or more passengers
- Second Violation (within 10 years): Two-year disqualification
- Third or Subsequent Violations (within 10 years): Three-year disqualification
Disqualifications for railroad-highway grade crossing violations under § 15312 include:
- First Violation: 60-day CDL disqualification.
- Second Violation within Three Years: 120-day disqualification.
- Third or Subsequent Violations within Three Years: One-year disqualification.
Violations in Non-Commercial Vehicles:
- Major Offenses: Committing offenses such as DUI or refusing a chemical test in a personal vehicle can lead to a one-year CDL disqualification. A second conviction can result in a lifetime CDL ban.
- Serious Traffic Violations: Accumulating serious violations in a personal vehicle that lead to a license suspension, cancellation, or revocation can also result in CDL disqualification.
Commercial drivers must comply with state laws and FMCSA regulations to maintain their CDL status and continue working in the transportation industry.
How to Choose an SAP Program in California
Selecting the right Substance Abuse Professional (SAP) program in California is essential for completing the return-to-duty (RTD) process.
Here are key factors to consider:
1. Speed of Completion
Time is critical when it comes to getting back to work.
At American River Wellness, we offer same-day or next-day appointments, allowing you to start the SAP and RTD processes immediately.
While the average return-to-duty process takes about a week, our streamlined approach enables many clients to complete it in as little as three to four days.
2. Accessibility and Convenience
If your CDL has been suspended, traveling to an in-person appointment may be challenging.
That’s why we offer virtual SAP evaluations, so no matter where you are in Los Angeles, San Diego, San Francisco, Sacramento, or anywhere in California, you can complete your SAP evaluation from home.
3. Clear Communication
Choosing an SAP who communicates clearly is essential for ensuring you understand your obligations and that your employer stays informed.
At American River Wellness, we prioritize transparency by keeping you updated throughout the process via phone, text, or email.
We also assist in communicating your compliance status to your employer to prevent unnecessary delays in your return to work.
4. Affordable Payment Options
SAP program costs are not typically covered by employers, making it important to choose a provider with fair and transparent pricing.
At American River Wellness, we have no hidden fees, and our evaluation costs are clearly outlined.
To make the process more affordable, we offer flexible payment plans starting at $112. Contact us for more details.
5. Comprehensive Program Offerings
Before committing to an SAP program, you should understand what’s included.
We conduct detailed clinical assessments to create a customized treatment and education plan tailored to your specific needs.
Additionally, we provide access to:
- Educational resources
- Substance abuse support groups
- Counseling referrals
Our goal is to help you complete the SAP process and maintain compliance.
6. Experience You Can Trust
Working with an experienced SAP makes all the difference. You need someone who fully understands DOT regulations and has a proven track record of guiding CDL drivers through the return-to-duty process.
Our team has over seven years of experience conducting SAP evaluations and helping clients reinstate their CDL licenses.
7. Proper Certifications
A qualified Substance Abuse Professional (SAP) must meet all DOT standards and hold the appropriate credentials.
At American River Wellness, we adhere to all DOT regulations and continuously update our knowledge as policies evolve. Our certifications include:
- 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)
These qualifications ensure you receive top-tier, reliable services that comply with California and federal DOT regulations.
8. Ongoing Support After Completion
Even after completing your SAP program, ongoing support may be necessary.
At American River Wellness, we:
- Maintain your records for five years
- Provide all required documentation to your employer free of charge
- Offer guidance via phone, text, or email whenever you need assistance
- While your employer manages your follow-up testing schedule, we remain available to provide ongoing support.
Additionally, we offer resources to help with employment opportunities and meeting third-party administrator (TPA) requirements.
Get Back to Work Fast with American River Wellness
If a drug or alcohol violation has removed you from safety-sensitive duties, a SAP evaluation is your first step toward CDL reinstatement.
At American River Wellness, we offer same-day or next-day virtual appointments, so you can start the return-to-duty process immediately—without unnecessary delays.
Learn more about our customized DOT SAP program and schedule your evaluation today by calling us 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.
FAQ
While some California employers may assist with employee programs, most do not cover SAP program costs.
At American River Wellness, we keep SAP programs affordable for CDL drivers, with pricing starting at $112 and flexible payment plans available.
No, SAP programs are not available for free. DOT-qualified SAPs charge fees based on the required evaluations and treatment plans.
At American River Wellness, we offer competitive pricing that is below the national average, ensuring accessible services.
Check with your HR department to see if your employer provides financial assistance for SAP costs.
Once you schedule your SAP evaluation with American River Wellness, you can prepare by:
– Understanding the SAP process and what to expect.
– Gathering any documents related to your drug or alcohol violation.
– Reviewing your employer’s substance abuse policy.
– Avoiding all alcohol or drug use before your evaluation.
– Staying informed about any updates to DOT regulations.
The duration of the DOT SAP program depends on factors like the severity of the violation and your history of substance use.
Most of our clients complete the program within one week, allowing them to return to work as quickly as possible.