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sap evaluation florida

As a CDL driver in Florida, failing or refusing a DOT drug or alcohol test can put your career at risk.

To get back behind the wheel, you need to complete a mandatory SAP program.

At American River Wellness, we provide fast DOT SAP evaluations to truck drivers throughout Miami, Tampa, Jacksonville, Orlando, and all of Florida.

This guide outlines everything you need to know about the DOT SAP program and what you can expect along the way.

What is a DOT SAP Evaluation?

A DOT SAP evaluation is an in-depth assessment required for safety-sensitive employees under U.S. Department of Transportation (DOT) regulations after breaking the DOT’s drug and alcohol policies.

The purpose of this evaluation is to determine if you’re ready to safely return to work.

Following the evaluation, the SAP will outline specific steps for you to complete, such as treatment programs, educational courses, follow-up testing, and other necessary actions before resuming your job.

This process ensures you remain substance-free and capable of performing your duties without compromising safety.

Who is Required to Complete the SAP Program? 

Employees in safety-sensitive positions who work for companies regulated by the U.S. Department of Transportation (DOT)—including those in trucking, aviation, rail, and other industries—must complete the SAP program if they fail or refuse to take DOT drug or alcohol tests. 

In the trucking industry, the SAP program applies to individuals working in safety-sensitive roles such as: 

  • CDL-licensed commercial truck drivers 
  • Drivers transporting hazardous materials (HAZMAT) 
  • Commercial drivers carrying 16 or more passengers, including bus drivers 
  • Part-time or full-time drivers 
  • Local, state, and federal government drivers 

Florida truck drivers may be subject to pre-employment, random, and post-accident drug and alcohol tests. 

Additionally, after violating DOT drug and alcohol regulations, they may be required to complete return-to-duty and follow-up testing. 

Employers can use the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse to identify drivers prohibited from operating due to violations of DOT rules.

DOT Return-to-Duty Process in Florida 

If you fail a DOT drug or alcohol test or refuse to take one, you must complete the return-to-duty (RTD) process before resuming your job: 

1. Immediate Removal from Safety-Sensitive Duties 

When you violate the DOT’s drug and alcohol regulations, your employer is required under 40 CFR part 40 to immediately remove you from safety-sensitive duties. 

Your employer will inform you that completing the SAP RTD process is mandatory before you can return to work. 

2. Referral to a Substance Abuse Professional (SAP) 

Your employer will provide you with a list of qualified SAPs. 

Only SAPs qualified by the Department of Transportation can conduct the evaluation, so you cannot use a counselor who isn’t DOT-qualified.

3. Initial SAP Evaluation 

After choosing a DOT-qualified SAP, you’ll schedule an initial evaluation, which can be done in person or virtually. 

During this appointment, the SAP will review your case, gather information through questions and assessments, and evaluate your substance use history, behavior, and circumstances leading to the violation. 

The SAP will create a tailored treatment and education plan based on their findings. 

4. Completion of Recommended Treatment/Education Program 

You won’t be able to return to work until you complete the treatment and education plan created by the SAP. 

This plan may include: 

  • Alcohol and drug education 
  • Outpatient treatment 
  • Alcohol and drug counseling 
  • Inpatient treatment if necessary 

The SAP will monitor your progress throughout the treatment process to ensure compliance. 

5. Follow-Up SAP Evaluation 

Once you complete all recommended programs, you must attend a follow-up evaluation with the SAP. 

The SAP will assess your compliance and readiness to return to duty. 

If the SAP determines you’re fit to return, they’ll issue a return-to-duty report, which allows you to proceed to the next steps. 

6. Return-to-Duty Test 

You’ll be required to take a DOT return-to-duty drug and alcohol test under direct observation. 

You must test negative before moving forward in the process. 

7. Employer Decision on Return to Safety-Sensitive Duties 

After receiving your RTD report and test results, your employer will review the documentation and decide whether to reinstate you. 

It’s important to note that employers are not obligated to reinstate you, even if you’ve completed all requirements. 

8. Follow-Up Testing Program 

Once reinstated, you’ll need to comply with the SAP’s follow-up testing plan, which is customized based on your violation and substance use history. 

Follow-up testing plans typically include: 

  • A minimum of six unannounced drug and alcohol tests during the first year 
  • Possible extension of testing for up to five years, as recommended by the SAP 
  • Full compliance with all follow-up testing requirements 

9. Ongoing Compliance and Monitoring 

Your employer is responsible for monitoring your performance and compliance with follow-up testing. 

If you fail a follow-up test, refuse to test, or test positive again, you’ll be immediately removed from safety-sensitive duties and must restart the SAP process.

Get Back on the Road with Confidence

Important Laws & Regulations 

Federal Laws and Regulations 

Motor Carrier Safety Improvement Act (MCSIA) of 1999

The MCSIA of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) within the U.S. Department of Transportation to oversee commercial drivers operating in interstate commerce and the companies that employ them. 

This law also mandates the suspension or revocation of a driver’s CDL license for certain offenses committed in their personal vehicle, such as: 

  • Conviction for driving under the influence (DUI) 
  • Conviction for a controlled substances offense 
  • Refusing a chemical test when requested by law enforcement 

For a first offense, drivers face a one-year CDL suspension. 

A second offense could result in a lifetime disqualification from holding a CDL. 

FMCSA Drug Testing Requirements for CDL Drivers

Under 49 CFR part 382, employers regulated by the FMCSA are required to conduct DOT drug and alcohol tests. 

Employers must adhere to specific regulations regarding how and when these tests are conducted, the types of tests required, and which employees must undergo testing. 

The majority of individuals subject to these requirements are CDL drivers. 

Prohibited Status in Clearinghouse and License Suspension Upon Violation

CDL drivers who fail drug or alcohol tests, refuse to take them, or receive a prohibited status in the FMCSA Drug and Alcohol Clearinghouse face immediate suspension or revocation of their commercial licenses under the 2021 final rule and 2023 DOT guidance

Starting November 18, 2024, any confirmed positive test result or refusal will automatically result in a CDL suspension or revocation. 

Drivers must complete the SAP RTD process to regain their licenses and resume safety-sensitive duties. 

Violations are recorded in the Clearinghouse for five years or until the driver finishes the RTD process, whichever comes first. 

Essentially, if you fail or refuse a DOT test, your CDL will be suspended, and you’ll need to complete the SAP program to return to work. 

Reporting Process for DOT-Regulated Employers

When a driver refuses a test or tests positive, the violation must be reported to the FMCSA’s 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 accessible to other employers if the driver applies for work elsewhere. 

When a SAP Evaluation is Required

According to 49 CFR part 40 § 40.285, any driver who violates the DOT’s drug and alcohol regulations must immediately stop performing safety-sensitive duties. 

The driver must undergo a SAP evaluation and complete all recommended treatment and education programs before returning to work. 

A SAP evaluation is required for drivers who: 

  • Test positive on a DOT drug test 
  • Have a BAC of 0.04% or higher on an alcohol test 
  • Refuse to take a drug or alcohol test 
  • Otherwise violate the DOT’s drug and alcohol rules 

Conclusion of the Return-to-Duty Process

Under 49 CFR part 40, § 40.305, employers must verify that a driver has successfully completed a return-to-duty drug test with a negative result before allowing them to resume safety-sensitive duties.

Additionally, the employer must confirm that the driver has fulfilled all treatment and education requirements as recommended by the SAP and demonstrated full compliance.

For alcohol-related violations, the driver is required to complete a test showing an alcohol concentration below 0.02%.

Ultimately, the decision to reinstate the driver rests with the employer, who has the authority to determine whether the individual can return to their position.

State Laws and Regulations

Florida generally adheres to the FMCSA’s drug and alcohol rules for commercial drivers operating within the state.

However, there are specific state laws and regulations that CDL drivers in Florida should be aware of.

Lower BAC for Commercial Drivers in Florida

Sect. 322.62, Fla. Stat. (2024) is clear: if you have any alcohol in your system, you’re not allowed to drive or be in control of a commercial vehicle.

Violating this rule is a moving violation, which comes with fines and penalties under § 318.18, Fla. Stat. (2024).

If your blood alcohol concentration (BAC) hits 0.04% or higher while driving a commercial vehicle, you’ll be taken off duty immediately for at least 24 hours and face further consequences under § 322.61, Fla. Stat. (2024), including potential disqualification of your CDL.

It’s important to know this law doesn’t override Florida’s broader DUI laws under § 316.193, Fla. Stat. (2024). You can still face DUI charges if you’re caught driving a commercial vehicle under the influence.

Loss of CDL Privileges in Florida

Under § 322.61, Fla. Stat. (2024), CDL drivers are held to stricter standards than regular drivers, and breaking these rules can mean losing your license.

If you’re convicted of two serious traffic violations—such as reckless driving, speeding 15 mph or more over the limit, improper lane changes, or following too closely—within three years, your CDL will be disqualified for 60 days.

A third violation within that time frame increases the penalty to 120 days.

Major offenses like driving a commercial vehicle with a BAC of 0.04% or higher, refusing a drug or alcohol test, leaving the scene of an accident, driving while suspended or revoked, causing someone’s death due to negligent operation of a commercial vehicle, or using a vehicle in a felony, lead to a one-year disqualification.

For drivers transporting hazardous materials, the disqualification period increases to three years.

Repeat violations of these major offenses result in a lifetime CDL ban. The same applies to using a vehicle in a felony involving drugs or human trafficking.

Even less severe infractions, such as ignoring railroad crossing laws or violating an out-of-service order, can cost you months of driving privileges, depending on the offense.

While disqualified, you may still qualify for a standard Class E license, but staying within the rules is the only way to maintain your CDL and your career.

How to Select a SAP Program in Florida 

When choosing a Substance Abuse Professional (SAP) program in Florida, there are several important factors to consider to ensure you’re on the right path toward completing the return-to-duty process. 

1. Speed to Completion 

One of the most critical factors is how quickly you can begin and complete the return-to-duty process.

At American River Wellness, we offer same-day or next-day appointments so you can get started without delay. 

While the average return-to-duty process takes about a week to complete, many drivers finish in as little as three to four days with our efficient services. 

2. Location and Availability 

Convenience matters, especially if your license has been suspended due to a violation. 

At American River Wellness, we make things easier by offering remote or virtual SAP evaluations. No matter where you are in Florida, we’re just a video call away. 

3. Communication 

Clear communication is essential when selecting a SAP. You need to fully understand your responsibilities and ensure your employer stays informed about your progress. 

We pride ourselves on being transparent and keeping our clients updated throughout the evaluation and return-to-duty process.

Whether it’s by phone, text, or email, we’ll make sure you’re never in the dark. 

We also help you communicate your compliance status to your employer, so there’s no confusion when it’s time to return to work. 

4. Payment Options 

The cost of a SAP program can be a concern, as most employers don’t cover this expense. 

At American River Wellness, we’re upfront about our pricing. We charge no hidden fees, and our evaluation fees cover only our services. 

To make the process affordable, we offer flexible payment options starting at $112. Contact us for details about costs and payment plans. 

5. Program Components 

It’s important to understand what’s included in the SAP program before you begin. 

Our team conducts a thorough clinical assessment to create treatment and education plans tailored to your specific needs. 

We also offer additional resources such as educational materials, support groups, and counseling referrals to help you succeed throughout the process. 

6. Experience 

Experience matters when it comes to selecting a SAP. You want someone who thoroughly understands DOT requirements and has a proven track record. 

Our team has over seven years of experience conducting SAP evaluations and guiding clients through the return-to-duty process. 

7. Certifications 

It’s essential to choose a SAP who is fully qualified and certified to meet DOT requirements. 

At American River Wellness, we follow all DOT rules and standards, staying up to date with any changes in regulations. 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 credentials demonstrate our expertise and ensure that you receive high-quality, reliable services. 

8. Ongoing Support 

Even after you complete your SAP program, you may still need occasional support. 

At American River Wellness, we maintain client records for five years and provide all required documentation to your employer free of charge. 

While your employer oversees the mandatory follow-up testing plan, we’re here to support you with guidance through phone calls, texts, and emails as long as you need. 

With the right SAP program, you’ll have the resources and support to confidently move forward and get back on the road.

Looking for a SAP Program Near You in Florida? Turn to American River Wellness

If you’ve been removed from your safety-sensitive duties due to a drug or alcohol violation, completing a SAP evaluation is your first step toward getting back to work.

At American River Wellness, we provide same-day or next-day virtual appointments, ensuring you can start the return-to-duty process quickly and efficiently.

To learn more about our personalized DOT SAP program or to schedule an appointment, contact us today: (833) 436-8727.

DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.

Get Back on the Road with Confidence

FAQ

How much does a SAP program cost in Florida? 

While some employers may offer assistance through employee assistance programs, most SAP programs are not covered by employers. 
At American River Wellness, we aim to make SAP programs more accessible and affordable. Our pricing starts at $112, and we provide flexible payment options to fit your budget. 

Is there a free SAP program in Florida? 

No, SAP programs are not free. Fees charged by DOT-qualified SAPs vary based on evaluations and treatment plans. 
At American River Wellness, our fees are lower than the national average. 
Check with your HR department to see if your employer’s employee assistance plan might cover part of the cost.

How can I prepare for my SAP evaluation? 

If you’ve scheduled your SAP evaluation with American River Wellness, here’s how you can get ready
Learn about what a SAP program entails. 

– Gather all documentation related to your drug or alcohol violation to bring to your evaluation. 
– Review and bring a copy of your employer’s substance abuse policy. 
– Avoid any alcohol or drug use before your appointment. 
– Stay informed about any updates to DOT regulations or policies. 

How long is the DOT SAP program? 

The length of the SAP program depends on factors like the severity of your violation, your substance use history, and your specific circumstances. 
Most clients at American River Wellness complete the SAP program within a week, though timelines may vary.

About the Author

graham

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.