DOT SAP Program in Nebraska: What Truck Drivers Need to Know (2026)

If you’re a CDL holder in Nebraska and fail or decline a DOT drug or alcohol screening, you’ll be pulled from safety-sensitive duties right away and won’t be allowed to return until you complete the full return-to-duty (RTD) process.

The first step in that process is a professional evaluation with a DOT-qualified Substance Abuse Professional (SAP).

At American River Wellness, we work with commercial drivers across Nebraska, including Omaha, Lincoln, Grand Island, Kearney, and nearby communities, to guide them through the SAP process quickly and in full compliance.

This guide breaks down every stage of the DOT SAP program, so you know exactly what to expect and how to get back on the road legally.

What is a DOT SAP Evaluation?

A DOT SAP evaluation is a required step for any safety-sensitive employee under U.S. Department of Transportation regulations who has violated drug or alcohol policies.

This assessment must be performed by a DOT-qualified Substance Abuse Professional (SAP), who will:

• Review the circumstances of your violation
• Assess your background with substance use
• Develop a personalized plan that may include treatment, education, or both
• Monitor your participation and progress
• Decide when you’re eligible to return to work and outline your follow-up testing plan

Your recovery plan could include:

• Drug and alcohol education sessions
• One-on-one or group counseling
• Attendance at recovery groups such as AA or NA
• Inpatient or residential care, if necessary
• A DOT-compliant return-to-duty drug or alcohol test
• Regular follow-up testing to confirm ongoing compliance

The primary goal of the SAP evaluation is to ensure you’re sober, responsible, and ready to return to safety-sensitive work without posing a risk to the public.

Who is Required to Complete the SAP Program in Nebraska?

Any employee working in a DOT-regulated safety-sensitive position must complete the SAP process following a drug or alcohol violation before returning to duty.

In Nebraska, this requirement applies to:

• CDL drivers operating commercial motor vehicles
• Drivers transporting hazardous materials (HAZMAT)
• Bus operators carrying 16 or more passengers
• Full-time and part-time commercial drivers
• CDL holders employed by local, state, or federal government agencies

Commercial drivers in Nebraska are subject to DOT drug and alcohol testing under several conditions:

• Prior to employment (pre-employment screening)
• Random testing during employment
• After certain types of accidents
• When there’s reasonable suspicion of substance use

If you fail or refuse any of these tests, you’ll be removed from duty and must begin the return-to-duty process, starting with a SAP evaluation.

Your violation will also be recorded in the FMCSA Drug and Alcohol Clearinghouse.

DOT Return-to-Duty Process in Nebraska

If you fail or refuse a DOT drug or alcohol test in Nebraska, you must complete the entire return-to-duty (RTD) process before you can resume any safety-sensitive responsibilities.

Here’s how the process works:

1. Immediate Removal from Safety-Sensitive Work

Once your violation is confirmed, your employer must take you off all safety-sensitive duties immediately, as required by DOT regulations.

This step is mandatory and must be done without delay.

2. Referral to a DOT-Qualified SAP

Your employer will give you a list of DOT-qualified Substance Abuse Professionals (SAPs).

Only SAPs with DOT credentials can perform your evaluation – general therapists or unqualified providers are not allowed.

3. Initial SAP Evaluation

You’ll schedule a meeting with a DOT-qualified SAP, which can be done virtually or in person.

During the evaluation, the SAP will:

• Review your employment and substance use history
• Discuss your DOT violation in detail
• Create a tailored plan for treatment, education, or both

4. Completion of SAP-Recommended Program

You must follow through with all parts of the SAP’s plan.

This may include:

• Drug and alcohol education classes
• Regular counseling sessions
• Attending support groups like AA or NA
• Inpatient treatment, if necessary

Your SAP will monitor your progress and confirm when everything has been completed.

5. Follow-Up SAP Assessment

Once your plan is complete, you’ll meet again with your SAP.

If they determine that you’ve satisfied all requirements, they will issue a report clearing you for return-to-duty testing.

6. Return-to-Duty Drug or Alcohol Test

Before returning to your role, you must pass a DOT drug or alcohol test given under direct observation.

A negative test is required. If your violation involved alcohol, your BAC must be below 0.02%.

7. Employer Decision on Reinstatement

Your employer will review your test results and the SAP’s report to decide whether or not to reinstate you.

Even if you’ve completed everything, they are not obligated to rehire you.

8. Follow-Up Testing Plan

If you’re rehired or start with another DOT-regulated employer, you must follow the SAP’s follow-up testing schedule.

This often includes:

• A minimum of six random, unannounced drug or alcohol tests in the first year
• Additional testing for up to five years
• Full adherence to the assigned testing plan

9. Ongoing Monitoring

Your employer is responsible for ensuring you comply with follow-up testing.

If you fail or refuse another test, you’ll be removed from duty again and must repeat the entire SAP process.

Important Laws and Regulations

Federal Laws and Regulations

Motor Carrier Safety Improvement Act (MCSIA) of 1999

The Motor Carrier Safety Improvement Act of 1999 created the Federal Motor Carrier Safety Administration (FMCSA), which oversees safety compliance for CDL drivers and commercial motor carriers across the country.

This law also imposes penalties for certain serious offenses, even if they occur while operating a personal vehicle.

Under Section 201(g), a CDL holder may be disqualified for:

• Driving any vehicle under the influence of alcohol or drugs
• Possessing or using illegal substances
• Refusing to complete a required chemical test
• Committing an offense that results in license suspension or revocation

Penalty breakdown includes:

• First offense: One-year CDL disqualification
• Second offense: Lifetime disqualification (reinstatement possible after 10 years in some cases)
• Felony drug offense in a CMV: Lifetime disqualification with no reinstatement
• Human trafficking using a CMV: Permanent disqualification, no reinstatement

FMCSA Drug and Alcohol Testing Requirements

As specified in 49 CFR Part 382 § 382.301, CDL drivers must undergo drug and alcohol testing in the following circumstances:

• Before employment begins (pre-employment testing)
• Randomly during employment
• After certain qualifying crashes
• When reasonable suspicion arises due to observed behavior or appearance
• During the return-to-duty and follow-up testing phases after a violation

FMCSA Clearinghouse and CDL Suspension Rules

Under the FMCSA’s 2021 rule and 2023 guidance, if a driver fails or refuses a DOT test or is flagged as “prohibited” in the FMCSA Drug and Alcohol Clearinghouse, their CDL will be suspended immediately.

You cannot return to a safety-sensitive role until you complete the full SAP return-to-duty process.

Violations remain in the Clearinghouse for five years or until the SAP process is officially closed, whichever comes first.

Employer Reporting Requirements

Under 49 CFR Part 382 § 382.705, all DOT-regulated employers are required to report drug and alcohol violations to the FMCSA Clearinghouse via the Login.gov portal.

This reporting system ensures that any new employer in a DOT-regulated position can access your compliance history before hiring.

When a SAP Evaluation is Required

According to 49 CFR Part 40 § 40.285, a SAP evaluation is required if you:

• Fail a DOT-regulated drug or alcohol test
• Operate a commercial vehicle with a BAC of 0.04% or higher
• Refuse or avoid taking a required drug or alcohol test
• Submit a tampered or substituted sample
• Commit any violation of DOT substance abuse regulations

Final Steps Before Returning to Duty

Per 49 CFR Part 40 § 40.305, before returning to safety-sensitive duties, you must:

• Pass a return-to-duty test with a negative result
• Complete all SAP-recommended education or treatment steps
• Ensure your BAC is below 0.02% if your violation involved alcohol

Even after completing all federal requirements, your employer still has the right to decide whether or not to reinstate you.

Nebraska State Laws

Lower BAC Limit for CDL Drivers

In Nebraska, commercial drivers are subject to a stricter blood alcohol concentration (BAC) threshold than non-commercial drivers.

According toNeb. Rev. Stat. § 60-4,168 and theNebraska Department of Motor Vehicles, a CDL holder operating a commercial motor vehicle (CMV) is considered legally impaired with a BAC of 0.04% or higher.

For drivers of non-commercial vehicles, the legal limit is 0.08%, underNeb. Rev. Stat. § 60-6,196(1)(c).

However, Nebraska also allows a DUI charge based on visible impairment, regardless of BAC, underNeb. Rev. Stat. § 60-6,196(1)(a).

The state’s implied consent law is found inNeb. Rev. Stat. § 60-6,197. Under this law, by holding a CDL or any driver’s license, you automatically agree to submit to chemical testing (breath and/or blood) if requested by law enforcement.

Refusing a chemical test can result in a license suspension, fines, CDL disqualification, and other penalties.

CDL Disqualification for DUI and Major Offenses

UnderNeb. Rev. Stat. § 60-4,168, Nebraska law enforces strict disqualification penalties for CDL drivers who commit major offenses, whether those violations happen while driving a CMV or a personal vehicle.

Major violations include:

• Operating a CMV with a BAC of 0.04% or more
• Driving under the influence of alcohol or drugs in any vehicle
• Operating a non-commercial vehicle with a BAC of 0.08% or more
• Refusing a mandatory drug or alcohol test
• Leaving the scene of an accident while driving any vehicle (commercial or non-commercial)
• Using any vehicle (commercial or non-commercial) in the commission of a felony
• Driving a CMV while your CDL is suspended, revoked, or canceled
• Operating a CMV while disqualified
• Causing a fatality due to negligent CMV operation
• Using a CMV in connection with drug trafficking or human trafficking

The disqualification periods for these major offenses include:

• First offense (excluding trafficking-related crimes): 1-year CDL disqualification
• First offense while transporting hazardous materials: 3-year disqualification
• Second major offense (excluding trafficking): Lifetime disqualification, with possible reinstatement after 10 years
• Any conviction involving controlled substances or human trafficking in a CMV: Permanent lifetime disqualification with no chance for reinstatement

Serious Traffic Violations

UnderNeb. Rev. Stat. § 60-4,168 and federal guidelines, CDL drivers in Nebraska can also lose their license for serious traffic violations, even if the offense occurs in a personal vehicle.

Serious violations include:

• Speeding 15 mph or more over the posted limit
• Reckless or aggressive driving
• Improper or erratic lane changes
• Following another vehicle too closely
• Violating traffic laws (other than parking) that result in a fatal accident
• Driving a CMV without a CDL or commercial learner’s permit (CLP)
• Driving a CMV without having your CDL in your possession
• Operating a CMV without the proper CDL class or endorsements
• Texting or using a handheld device while driving a CMV

Penalties for serious violations:

• Two violations within three years: 60-day disqualification
• Three or more violations within three years: 120-day disqualification

These penalties are in addition to any criminal penalties or fines you may face.

Railroad Crossing and Out-of-Service Order Violations

Nebraska law also penalizes CDL drivers for failing to obey railroad crossing laws or violating an out-of-service order.

Railroad crossing violations, such as ignoring signals or failing to stop when required, lead to:

• First offense: 60-day disqualification
• Second offense within three years: 120-day disqualification
• Third or subsequent offense within three years: 1-year disqualification

The penalties for out-of-service order violations include:

• First offense: 180 days to 1-year disqualification
• Second offense within 10 years: 2 to 5 years
• Third or more within 10 years: 3 to 5 years

If the violation involves transporting hazardous materials or passengers, the penalties may be more severe.

Choosing the Right SAP Program in Nebraska

Working with the right SAP provider will help you complete your return‑to‑duty process smoothly and get you back behind the wheel without unnecessary delays.

Here’s what to look for:

1. Fast, Flexible Virtual Appointments

At American River Wellness, we offer same‑day or next‑day SAP evaluations online for clients all across Nebraska.

This lets you begin your return‑to‑duty process immediately – no waiting rooms, no travel time needed.

2. Clear Communication from Start to Finish

We keep both you and your employer informed at every stage.

Our team makes sure there are no surprises, so the process stays transparent and coordinated.

3. Straightforward Pricing and Flexible Payment Options

Our SAP evaluations start at $450, and we offer payment plans starting at $112 through Afterpay.

We’re upfront about costs – no hidden fees or unexpected charges.

4. Full Support Through Every Step of the Process

From your first evaluation to your final clearance, we help guide you the entire way.

If you need help locating education programs, therapy options, or support groups, we’ll assist with referrals and resources.

5. Certified, DOT‑Qualified Professionals

Our staff includes professionals with credentials like:

• 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 ensure your evaluation meets DOT standards and is handled by experienced, qualified providers.

6. Ongoing Support After Completion

We retain your records for five years after you finish the program.

If you need help later with employer documentation, follow-up testing coordination, or job references, we remain available to assist.

Get Back on the Road with American River Wellness

A failed or refused DOT drug or alcohol test doesn’t have to end your career as a commercial driver.

The SAP program is your official route back – legally, safely, and with the guidance you need.

At American River Wellness, we help Nebraska drivers complete the return-to-duty process quickly and correctly.

We offer fast virtual evaluations, DOT-qualified professionals, and clear support every step of the way.

Call (833) 436-8727 now to schedule your SAP evaluation and start your journey toward reinstating your CDL.

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

FAQ