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As a CDL driver in Michigan, failing or refusing a DOT drug or alcohol test can halt your career.
To get back on the road, you must complete a mandatory SAP program.
At American River Wellness, we offer fast DOT SAP evaluations for truck drivers across Detroit, Grand Rapids, and the entire state of Michigan.
This guide covers everything you need to know about the DOT SAP program and what to expect throughout the process.
Key Takeaways
- Commercial drivers in Michigan 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 provide fast DOT SAP evaluations, education, support groups, and counseling referrals for clients throughout Michigan.
What is a DOT SAP Evaluation?
A DOT SAP evaluation is required for safety-sensitive employees who have violated the U.S. Department of Transportation (DOT) drug and alcohol regulations.
This evaluation is conducted by a DOT-qualified substance abuse professional (SAP) to assess your substance abuse history, the severity of the violation, and the circumstances surrounding what occurred.
Your SAP will use this evaluation to determine whether you are ready to return to work safely.
The SAP will develop a personalized plan outlining the necessary steps you must take before you can return to work.
These steps may include individual treatment, support groups, inpatient programs, educational courses, return-to-duty testing, follow-up testing, and other required actions.
This process is designed to ensure that you remain substance-free and capable of performing your duties safely.
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 industries, must complete the SAP program if they fail or refuse a DOT drug or alcohol test or otherwise violate the DOT’s drug and alcohol regulations.
For truck drivers, this requirement applies to:
- CDL holders operating commercial vehicles
- Drivers transporting hazardous materials (HAZMAT)
- Bus drivers and others responsible for 16 or more passengers
- Both full-time and part-time commercial drivers
- Government-employed drivers at the local, state, or federal level
In Michigan, CDL drivers are subject to pre-employment drug and alcohol screenings, random testing, and post-accident testing.
A DOT drug or alcohol violation initiates the return-to-duty process, which includes a SAP evaluation, completion of any recommended treatment or education, return-to-duty testing, and follow-up testing to ensure continued compliance.
Employers rely on the FMCSA Drug and Alcohol Clearinghouse to track and identify drivers disqualified due to drug or alcohol violations.
DOT Return-to-Duty Process in Michigan
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 include:
1. Immediate Removal from Safety-Sensitive Duties
Upon violating DOT drug and alcohol regulations, your employer is required to immediately remove you from safety-sensitive job functions under 49 CFR part 40.
You will be notified 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 you with a list of qualified SAPs.
Standard therapists or counselors who haven’t been qualified by the DOT are not permitted to conduct the evaluation.
3. Initial SAP Evaluation
You’ll choose a DOT-qualified SAP and schedule your evaluation, which may be conducted in person or virtually.
During this assessment, the SAP will:
- Review your history and the circumstances of your violation
- Ask detailed questions regarding your substance use
- Develop a personalized treatment and education plan based on their findings
4. Completion of the Required Treatment or Education Program
Before returning to work, you must complete the SAP’s recommended treatment and education plan, which may include:
- Drug and alcohol education programs
- Outpatient counseling
- Inpatient treatment, if necessary
- Participation in substance abuse support groups
Your SAP will track your progress and verify compliance.
5. Follow-Up SAP Evaluation
After completing your treatment and education program, you will meet with your SAP for a follow-up evaluation.
If the SAP determines you have met all requirements, they will issue a return-to-duty report confirming you are fit to return to work.
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.
7. Employer Decision on Reinstatement
Your employer will review your SAP report and RTD test results before deciding whether to reinstate you.
Even if you fulfill all requirements, your employer is not obligated to reinstate you.
8. Follow-Up Testing Program
If reinstated, you must comply with a follow-up testing schedule designed by your SAP.
If your current employer does not reinstate you, follow-up testing will still be required if you seek employment with another DOT-regulated company.
Follow-up testing typically includes:
- At least six unannounced drug and alcohol tests in the first year
- Possible extended testing for up to five years, based on the SAP’s recommendations
- Strict compliance with all follow-up testing guidelines
9. Ongoing Monitoring and Compliance
Your employer is responsible for ensuring you comply with follow-up testing.
If you fail a follow-up test, refuse testing, or test positive again, you will be immediately removed from safety-sensitive duties and required to 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 to regulate commercial drivers and the companies that employ them.
This law also enforces penalties for certain offenses committed in a driver’s non-commercial vehicle, including:
- DUI convictions
- Controlled substance-related offenses
- Refusing a chemical test when requested by law enforcement
- Another serious offense that results 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 are required to conduct DOT drug and alcohol testing.
These regulations outline the following:
- When and how tests must be administered
- The types of tests required
- Which employees are subject to testing
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.
As of November 18, 2024, any confirmed positive test result or test refusal automatically leads to CDL suspension or revocation.
To restore their license and resume safety-sensitive duties, drivers must complete the SAP return-to-duty 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 are required to report all drug and alcohol violations to the FMCSA Drug and Alcohol Clearinghouse.
Under 49 CFR Part 40, employers must upload test results annually via Login.gov, a secure federal system.
This information is accessible to potential employers if the driver applies for a new job.
When a SAP Evaluation is Required
According to 49 CFR part 40 § 40.285, any driver who violates DOT drug and alcohol regulations must immediately cease safety-sensitive duties.
A DOT-qualified SAP evaluation is mandatory 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
- 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 verify that a driver has completed the SAP process before reinstating them.
This includes:
- A verified negative return-to-duty drug test
- Completion of all SAP-recommended treatment and education programs
- An alcohol test confirming a BAC below 0.02% for alcohol-related violations
Ultimately, the employer makes the final decision on whether to reinstate a driver, even after the successful completion of the SAP process.
State Laws and Regulations
Michigan generally adheres to the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning drug and alcohol use for commercial drivers.
However, there are specific state laws that Michigan CDL holders should be aware of.
Lower BAC for Commercial Drivers in Michigan
Under Mich. Comp. Laws § 257.625m, the legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04%, which is stricter than the 0.08% limit for non-commercial drivers.
Exceeding this limit can result in severe penalties, including:
- Up to 93 days in jail
- $300 fine
- Payment of the costs of prosecution
- Disqualification of CDL privileges
A second conviction within seven years results in a potential jail sentence of 12 months and a fine of $1,000, and a third conviction is a felony.
Loss of CDL Privileges in Michigan
Michigan enforces stringent standards for CDL holders, and certain violations can lead to the suspension of commercial driving privileges.
Major Offenses:
- First Offense: A one-year disqualification for offenses such as:
- Operating a commercial vehicle with a BAC of 0.04% or higher.
- Refusing to submit to a chemical test.
- Leaving the scene of an accident.
- Committing a felony with a commercial vehicle.
- Any alcohol or drug offense
- A first offense while transporting hazardous materials results in a three-year suspension
- Second Offense: A lifetime disqualification for any combination of two major offenses arising from separate incidents.
Serious Traffic Violations under Mich. Comp. Laws § 257.319b(10)(b):
- Two or More Violations within Three Years: A 60 to 120-day disqualification for offenses such as:
- Speeding 15 mph or more over the posted limit.
- Reckless driving.
- Improper lane changes.
- Following too closely.
- Driving a commercial vehicle without obtaining a CDL.
- Driving without the proper class of CDL or endorsements.
- Failing to provide proof of a CDL to an officer or the court
- Committing a traffic violation that causes a fatality
- Railroad Crossing Violations – 60 to 120 days
Out-of-Service Orders:
- First Violation: A 180-day to one-year disqualification for violating an out-of-service order while transporting non-hazardous materials.
- Second Violation: A two-year disqualification for a second offense within ten years.
- Third or Subsequent Violations: A three-year disqualification for third or subsequent offenses within ten years.
CDL drivers in Michigan must adhere to both federal and state regulations to maintain their driving privileges and continue their professional careers.
How to Choose a SAP Program in Michigan
To complete the RTD process and get back to work as quickly as possible, you must choose the right DOT SAP program in Michigan.
Here are key factors to consider:
1. Fast and Efficient Completion
The sooner you complete the SAP process, the sooner you can return to work.
At American River Wellness, we offer same-day or next-day virtual appointments, so you can start your SAP evaluation without unnecessary delays.
While the average return-to-duty process takes about a week, many of our clients finish in as little as three to four days with our efficient approach.
2. Accessibility and Flexibility
If your CDL is suspended, traveling for an in-person appointment may be difficult.
That’s why we provide virtual SAP evaluations – to allow you to complete the required assessment from anywhere in Michigan.
3. Clear and Reliable Communication
Understanding your SAP requirements and keeping your employer informed are crucial for a smooth return-to-duty process.
At American River Wellness, we ensure transparent communication through phone, text, and email, keeping you updated every step of the way.
We also assist in notifying your employer of your progress to avoid delays in your reinstatement.
4. Affordable Pricing and Payment Options
SAP programs are usually not covered by employers, so finding a provider with clear and fair pricing is important.
At American River Wellness, we offer affordable pricing with no hidden fees.
Our evaluation fees start at $112, and flexible payment plans are available.
Contact us for more details on costs and financing options.
5. Comprehensive Program Features
Before choosing a SAP provider, make sure you understand what the program includes.
At American River Wellness, we offer:
- Thorough clinical assessments to develop a customized treatment and education plan.
- Educational resources, support groups, and counseling referrals to help you complete the process.
6. Experience You Can Trust
The SAP you choose should have extensive experience in DOT regulations and the return-to-duty process.
Our team at American River Wellness has over seven years of experience conducting SAP evaluations and helping CDL drivers regain their licenses.
7. Proper SAP Certifications
To meet DOT compliance standards, your SAP provider must hold the right certifications.
At American River Wellness, we strictly adhere to DOT regulations and stay up to date on policy changes.
Our credentials 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 certifications ensure that you receive high-quality, reliable services from experts in the field.
8. Ongoing Support After Completion
Even after finishing your SAP program, ongoing support may still be needed.
At American River Wellness, we do all of the following:
- We maintain your records for five years and provide all required documentation to your employer at no extra charge.
- While your employer oversees follow-up testing, we’re available for continued guidance via phone, text, or email.
- We offer resources to help with job opportunities and assistance with third-party administrator requirements.
Get Back to Work Fast with American River Wellness
If a drug or alcohol violation has taken you off safety-sensitive duties, completing a SAP evaluation is the first step toward returning to work.
At American River Wellness, we offer same-day or next-day virtual appointments, so you can start the process immediately and minimize downtime.
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 employers in Michigan may offer financial assistance through employee programs, most do not cover SAP program costs.
At American River Wellness, we offer affordable SAP programs 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, our fees are set below the national average to ensure accessibility.
We recommend checking with your HR department to see if your employer provides financial assistance for SAP costs.
After scheduling 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 drug and alcohol use before your evaluation.
– Staying informed about DOT regulation updates.
The length of the 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 quickly.