Table of Contents
As a CDL driver who has failed or refused a DOT drug or alcohol test, your job could be on the line.
Before you can return to duty, you’ll need to complete the SAP program.
At American River Wellness, we offer fast DOT SAP evaluations, education, support groups, and counseling referrals to clients in Atlanta and across Georgia.
This guide explains everything you need to know about the DOT SAP program and what to expect.
Key Takeaways
- Commercial drivers in Georgia who fail or refuse a DOT drug/alcohol test must complete a mandatory Substance Abuse Professional (SAP) evaluation and return-to-duty process before they can resume safety-sensitive duties.
- The return-to-duty process involves multiple steps including immediate removal from duty, SAP evaluation, completion of recommended treatment/education, follow-up evaluation, return-to-duty testing, and ongoing compliance with follow-up testing for up to 5 years.
- At American River Wellness, our services include fast DOT SAP evaluations, education, support groups, and counseling referrals for clients across Georgia.
What is a DOT SAP Evaluation?
A Substance Abuse Professional (SAP) evaluation is a comprehensive assessment required for safety-sensitive employees who work for companies regulated by the U.S. Department of Transportation (DOT) when they violate the DOT’s drug and alcohol rules.
This evaluation determines your readiness to get back on the road.
Based on the findings, the SAP makes recommendations for treatment, education, follow-up tests, and other requirements you must complete before returning to work.
The SAP evaluation process is designed to ensure that you refrain from using substances that could prevent you from safely performing your job.
Who is Required to Complete the SAP Program?
Employees in safety-sensitive roles who work for companies regulated by the U.S. Department of Transportation in trucking, aviation, railway, and other industries must complete the SAP program when they fail drug and alcohol tests or refuse to take them.
Within the trucking industry, the SAP program is used for those working in safety-sensitive jobs, including:
- Commercial truck drivers with CDL licenses
- Hazardous materials (HAZMAT) drivers
- Commercial drivers transporting 16 + people, including bus drivers
- Part-time or full-time drivers
- Local, state, and federal government drivers
Georgia truck drivers may be required to undergo pre-employment drug tests, random alcohol and drug tests, and post-accident drug tests.
They might also have to complete return-to-duty drug tests and follow-up tests after violating the DOT’s drug and alcohol rules.
Employers can check the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse to identify prohibited drivers who have violated the DOT’s alcohol and drug rules.
DOT Return to Duty Process in Georgia
If you’ve failed a drug or alcohol test or refused to take one, you must complete the return-to-duty (RTD) process before you can return to your job:
1. Immediate Removal from Safety-Sensitive Duties
When you violate the DOT’s alcohol and drug regulations, your employer must immediately remove them from their safety-sensitive duties under 40 CFR part 40.
Your employer must tell you that you will be required to complete the SAP RTD process before you can return to your job.
2. Referral to a Substance Abuse Professional (SAP)
Your employer will give you a list of qualified substance abuse professionals (SAPs).
You can’t choose a substance abuse counselor who hasn’t been qualified as an SAP by the Department of Transportation.
3. Initial SAP Evaluation
Once you select a DOT-qualified SAP and schedule with them, you will meet for an initial evaluation.
SAP evaluations might be conducted in person or virtually. During this appointment, the SAP will review your case, ask questions to get more information, and have you complete one or more assessment tools.
The SAP will evaluate your behavior, substance use history, and factors that contributed to the drug and alcohol violation to develop a tailored treatment and education plan.
4. Completion of Recommended Treatment/Education Program
You can’t return to work until you complete the SAP’s treatment and education recommendations included in your plan.
This includes fully participating in and completing any of the following if included:
- Alcohol and drug education
- Outpatient treatment
- Alcohol and drug counseling
- Inpatient treatment if warranted
Throughout the treatment process, the SAP will monitor your compliance.
5. Follow-Up SAP Evaluation
Once you complete all of the recommendations included in your treatment plan, you must complete a follow-up evaluation with the SAP.
During the follow-up evaluation, the SAP assesses your compliance and fitness to return to duty.
If the SAP determines you are compliant and ready to return to duty, they will issue a return-to-duty report that authorizes you to move on to the next steps.
6. Return-to-Duty Test
You must take a DOT return-to-duty drug and alcohol test under direct observation.
You must test negative before you can move forward.
7. Employer Decision on Return to Safety-Sensitive Duties
After the employer receives the RTD report and your test results, they will review all of the documentation.
The employer makes the final decision about whether to take you back as a commercial driver. An employer isn’t required to place you back into your driving job, however.
8. Follow-Up Testing Program
You will have to comply with the SAP’s follow-up testing program.
The SAP develops this plan based on your violation and substance use history.
Follow-up testing programs typically include:
- Six or more unannounced drug and alcohol tests in the first year
- The SAP may recommend an extension of testing for up to five years
- Driver must comply with all follow-up testing requirements
9. Ongoing Compliance and Monitoring
The employer must monitor your performance and compliance with follow-up testing.
If you fail to comply with follow-up testing, refuse a drug or alcohol test, or test positive, you must be immediately suspended and restart the SAP process.
Important Laws & Regulations
Federal Laws and Regulations
Motor Carrier Safety Improvement Act (MCSIA) of 1999
The MCSIA of 1999 established the FMCSA within the US Department of Transportation to regulate commercial drivers in interstate commerce and the carriers that employ them.
This law also requires a driver’s CDL license to be suspended or revoked if they commit certain violations in their personal vehicle, including:
- Conviction for a DUI offense
- Conviction for a controlled substances offense
- Refusing a chemical test requested by a law enforcement officer
The penalty for these violations includes a one-year CDL suspension for a first offense.
If you have a second violation, you could lose your CDL for life.
FMCSA Drug Testing Requirement for CDL Drivers
Under 49 CFR, part 382, employers regulated by the Federal Motor Carrier Safety Administration (FMCSA) must complete DOT drug tests.
Employers must follow multiple rules about the procedures for completing DOT drug tests, the test types, when to administer them, and who must undergo testing.
CDL drivers make up most of the employees who must undergo DOT drug tests.
Prohibited Status in Clearinghouse and License Suspension Upon Violation
CDL drivers who refuse chemical tests or test positive for alcohol or drugs and receive a prohibited status in the FMCSA’s Drug and Alcohol Clearinghouse automatically have their licenses suspended or revoked under a 2021 final rule and 2023 DOT guidance.
Effective on Nov. 18, 2024, this rule means a regulated driver’s confirmed positive test result or refusal will result in the suspension or revocation of their commercial driver’s license.
A driver must complete the RTD process under a qualified SAP’s supervision before they can return to their job.
Violations are reported by the Drug and Alcohol Clearinghouse for five years or until the driver completes the RTD process, whichever occurs first.
In essence, if you submit a positive drug or alcohol test or refuse to take one, your CDL will be suspended.
You’ll have to complete the SAP and RTD process before you can get your license back and return to driving.
Reporting Process for DOT-Regulated Employers
If you have refused a test or tested positive, it will be submitted to the Drug and Alcohol Clearinghouse with the FMCSA.
Under 49 CFR Part 40, DOT-regulated employers must enter drug and alcohol test data annually on Login.gov (a free and secure service).
Other employers will be able to see this information if you look for work elsewhere.
When an SAP Evaluation is Required
Under 49 CFR, part 40 § 40.285, drivers who violate the DOT’s drug and alcohol rules must be immediately removed from performing any safety-sensitive duties.
They must complete an SAP evaluation and follow all treatment and education recommendations before they can return to duty.
A driver will be required to complete an SAP evaluation and follow all recommendations when they:
- Submit a confirmed positive result on a DOT drug test
- Submit to alcohol testing with a BAC of 0.04% or higher
- Refuse an alcohol or drug 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 that want to allow a driver to return to duty must first ensure they complete a return-to-duty drug test and submit a negative result.
They must also confirm the driver has completed all of the SAP’s recommended treatment and complied with all recommendations.
The driver must submit a negative drug test and/or an alcohol test showing a concentration of less than 0.02%.
The employer has the final say on whether to return the driver to their job.
State Laws and Regulations
Georgia generally applies the FMCSA’s drug and alcohol rules to all commercial drivers operating in the state. However, there are a few state laws you should know.
Lower BAC for Commercial Drivers
Under OCGA § 40-6-391(i), commercial drivers have a lower BAC limit to be charged with a DUI in the state.
While the threshold for people operating passenger vehicles is 0.08% BAC, CDL drivers who operate commercial vehicles while under the influence of alcohol can be charged with DUIs when they have a BAC of 0.04%.
This means you shouldn’t drink anything while driving or for several hours before you are scheduled.
A conviction will result in the loss of the driver’s CDL license for one year, among other penalties.
Loss of CDL Privileges
Under Ga. R&R, Department 375 Rule 1-1-.14, a driver’s CDL license will be suspended by the state for one year following a first conviction of a major traffic offense, including a DUI or a hit-and-run.
The suspension period for a first conviction is three years for those with a HAZMAT endorsement.
A second conviction will result in a lifetime suspension.
How to Select a SAP Program in Georgia
You should consider several factors when choosing a SAP program in Georgia, including:
1. Speed to Completion
A major factor to consider is how long it will take you to start the return-to-duty process.
At American River Wellness, we offer same or next-day availability for appointments to help you start the process faster.
On average, it takes drivers from one week to complete the RTD process, but many can complete it within three to four days.
2. Location and Availability
You’ll want to find an available SAP nearby to increase convenience, especially if your violation resulted in a suspended license.
At American River Wellness, we offer remote or virtual SAP evaluations to accommodate you no matter where you are.
3. Communication
Communication is an important factor when deciding on an SAP.
You’ll want to understand your requirements and ensure your employer stays informed about your progress.
We’re transparent and communicate with our clients throughout the evaluation and RTD process by phone, text, and email.
We also help clients communicate their compliance status with their employers.
4. Payment Options
You might be concerned about how much your SAP program will cost since most employers don’t pay for SAP evaluations.
At American River Wellness, we don’t charge hidden fees beyond the initial SAP evaluation cost.
We explain that our fee covers our services alone and will tell you what might not be covered.
We offer several flexible payment options starting at $112 to make the process more affordable. Contact us for more information.
5. Program Components
Going into your SAP evaluation, you’ll need to consider what the program involves.
We tailor treatment and education recommendations to each client’s needs by conducting a comprehensive clinical assessment.
You can benefit from additional resources, including ongoing education, support groups, or counseling referrals as appropriate.
We offer educational materials and resources to help you understand your responsibilities during the SAP process.
6. Experience
Your SAP should be experienced and fully aware of all DOT requirements for SAP programs.
We have more than 7 of experience conducting SAP evaluations and helping clients complete the SAP process.
7. Certifications
You need to make sure your SAP is fully qualified and has certifications to demonstrate their expertise and knowledge of the DOT’s requirements.
At American River Wellness, we follow all Department of Transportation (DOT) rules and industry standards and keep track of regulatory changes to update our procedures as necessary.
Our team is fully certified and qualified to meet DOT requirements and have the following credentials:
- 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 that we provide reliable, high-quality services you can trust.
8. Ongoing Support
Once you’ve completed your SAP program, you still might need occasional support.
We maintain client files for five years and send all necessary documentation to employers without charge.
We also provide resources to our clients on employment and third-party administrators.
While your employer is responsible for conducting the mandatory follow-up test plan, we offer support through calls, texts, and emails as long as you might need.
Trust American River Wellness to Help You Return to Work Quickly
When you’re dealing with a drug or alcohol violation and have been removed from your safety-sensitive duties, you’ll need to get a SAP evaluation.
At American River Wellness, we offer same-day or next-day virtual appointments to help you get back to work as fast as possible.
To learn more about our tailored DOT SAP program and schedule your 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.
FAQs
While some employers cover the cost of SAP programs through employee assistance programs, most do not.
At American River Wellness, we work to make the cost of an SAP program more affordable. Our pricing starts at $112, and we offer flex payment options.
No. Fees charged by DOT-qualified SAPs vary based on evaluations and treatment plans.
American River Wellness charges fees below the national average.
You can check with your HR representative to determine if your employer’s employee assistance plan might cover your fees.
Once you have scheduled your SAP evaluation with American River Wellness, take the following steps to prepare:
– Research what an SAP program includes
– Gather all documents related to your drug or alcohol violation to bring with you
– Review and bring your employer’s substance abuse policy
– Abstain from using alcohol or drugs
– Be prepared for any policy or legal changes that might occur
How long your DOT SAP program might last depends on your violation’s severity, substance use history, and other factors.
Usually, our customers complete an SAP program in one week.