DOT SAP Program in North Dakota: What Truck Drivers Need to Know (2025)

If you’re a CDL holder in North Dakota and you either fail or decline a DOT-regulated drug or alcohol screening, your driving privileges are immediately suspended.

To get back behind the wheel, you’re required to go through a Substance Abuse Professional (SAP) program.

At American River Wellness, we offer fast, compliant DOT SAP evaluations for commercial drivers throughout Fargo, Bismarck, Grand Forks, and across North Dakota.

This guide covers the full SAP process and outlines exactly what you’ll need to do to return to duty safely and legally.

What Is a DOT SAP Evaluation?

A DOT SAP evaluation is a federally required assessment for employees in safety-sensitive positions who violate U.S. Department of Transportation (DOT) drug or alcohol regulations.

This evaluation is conducted by a DOT-qualified Substance Abuse Professional (SAP) who examines your history with substance use, the circumstances surrounding the violation, and any contributing factors.

Based on this information, the SAP determines whether you’re ready to safely return to duty.

They’ll develop a personalized plan detailing the steps you must take before resuming work.

This plan could include:

• Therapy or treatment sessions
• Attendance at support groups
• Residential or inpatient care
• Drug and alcohol education programs
• Return-to-duty testing
• Follow-up testing
• Or other recovery-related actions

The purpose of the evaluation is to ensure you’re sober and prepared to perform your job without risking public safety.

Who Needs to Complete the SAP Program?

Any safety-sensitive worker employed by a DOT-regulated company, such as those in trucking, aviation, railroads, or other transportation fields, is required to complete the SAP process if they fail or decline a DOT drug or alcohol test or commit any other substance use violation under DOT guidelines.

For truck drivers, this includes:

• Commercial drivers with a valid CDL
• Operators hauling hazardous materials (HAZMAT)
• Bus drivers or others transporting 16+ passengers
• Part-time and full-time CDL drivers
• Drivers employed by federal, state, or local governments

In North Dakota, CDL drivers must undergo pre-employment drug and alcohol testing, as well as random screenings and testing after certain incidents, in compliance with DOT rules.

Any failed or refused test activates the return-to-duty process. This includes a SAP evaluation, completion of required treatment or education, a passed return-to-duty test, and monitored follow-up testing.

Employers also rely on the FMCSA Drug and Alcohol Clearinghouse to track and identify drivers prohibited from driving due to violations.

DOT Return-to-Duty Process in North Dakota

If you fail or refuse a DOT-regulated drug or alcohol test, you can’t return to any safety-sensitive duties until you complete the full return-to-duty (RTD) process.

Here’s how the process unfolds:

1. Immediate Suspension from Safety-Sensitive Work

Following a DOT violation, your employer is required, under 49 CFR Part 382, § 382.701(d), to immediately remove you from driving or other safety-sensitive tasks.

You’ll be officially notified that you must complete the SAP process before becoming eligible to return to duty.

2. Referral to a Qualified SAP

Your employer will provide a list of DOT-qualified Substance Abuse Professionals.

Only SAPs who meet DOT qualifications can conduct these evaluations—general therapists or counselors without certification are not permitted to take part.

3. Initial Evaluation by a SAP

You’ll choose a qualified SAP and schedule your initial evaluation, which may be held in person or virtually.

During this session, the SAP will:

• Assess your personal and substance use history
• Discuss the violation and contributing behaviors
• Develop a tailored recovery plan that may include education, treatment, or both

4. Completion of Education or Treatment Plan

Before you’re cleared to return to work, you must complete every part of the SAP’s recommended program. This could include:

• Educational classes focused on drug or alcohol awareness
• Outpatient therapy or counseling
• Residential rehab, if deemed necessary
• Attending peer support groups

The SAP will monitor your progress and determine when your obligations have been fulfilled.

5. Second SAP Evaluation

Once you complete your program, you’ll meet with the SAP again.

If they confirm that you’ve complied with all requirements, they will issue a report verifying your readiness to return to duty.

6. Return-to-Duty Drug or Alcohol Test

Before resuming work, you must take and pass a DOT return-to-duty test under direct observation.

A negative result is required to proceed.

7. Employer’s Reinstatement Decision

Your employer will review your SAP report and test results to decide whether to reinstate you.

Keep in mind that employers are not obligated to rehire you, even if you complete the entire process.

8. Follow-Up Testing Schedule

If you’re brought back to work, you must comply with a structured follow-up testing program created by the SAP.

If you find a new job with a different DOT-regulated employer, you’ll still need to follow this same testing plan.

The follow-up testing usually includes:

• At least six surprise tests during the first year
• Continued testing for up to five years, based on SAP discretion
• Strict compliance with all test appointments

9. Continued Compliance Monitoring

Your employer is responsible for ensuring you follow the follow-up testing plan.

If you fail another test, refuse to test, or test positive again, you’ll be pulled from duty and required to restart the entire SAP process.

Important Laws & Regulations

Federal Laws and Guidelines

Motor Carrier Safety Improvement Act (MCSIA) of 1999

The Motor Carrier Safety Improvement Act of 1999 led to the formation of the Federal Motor Carrier Safety Administration (FMCSA), which operates under the U.S. Department of Transportation to regulate commercial drivers and employers.

This legislation also applies penalties for serious offenses committed while driving a personal vehicle, including:

• Driving under the influence (DUI)
• Possession or use of illegal substances
• Refusal to undergo a chemical test
• Other major infractions that result in license suspension or revocation

A first violation typically results in a one-year CDL suspension, while a second offense can lead to a lifetime ban.

FMCSA Drug & Alcohol Testing Regulations for CDL Drivers

Per 49 CFR Part 382, § 382.103, employers covered by DOT regulations must conduct drug and alcohol testing on CDL drivers.

These regulations clarify:

• When testing is required
• The types of tests must be done
• Which employees must be tested

These requirements primarily apply to individuals operating commercial vehicles.

Prohibited Status in Clearinghouse & CDL Suspension

If a driver fails or refuses a DOT drug or alcohol test, or receives a “prohibited” status in the FMCSA Drug and Alcohol Clearinghouse, they are subject to immediate suspension of their CDL under the 2021 final rule and 2023 DOT guidance.

As of November 18, 2024, a confirmed positive result or refusal leads to license suspension or revocation in North Dakota.

To reinstate their CDL, drivers must complete all steps in the SAP return-to-duty process.

Violations remain in the Clearinghouse database for up to five years or until the return-to-duty process is officially closed, whichever comes first.

Reporting Process for DOT-Regulated Employers

Employers are required to report all DOT testing violations to the Clearinghouse.

Under 49 CFR Part 382, § 382.705, employers must use Login.gov to submit drug and alcohol test results securely.

This information becomes accessible to other DOT-regulated employers when a driver seeks new employment.

When a SAP Evaluation is Required

As stated in 49 CFR Part 40 § 40.285, any safety-sensitive worker who breaches DOT drug or alcohol rules must immediately cease performing regulated duties.

A SAP evaluation by a DOT-qualified professional is required for drivers who:

• Test positive on a DOT drug screening
• Record a blood alcohol level of 0.04% or higher
• Decline to take a test when required
• Provide a tampered or substituted sample
• Commit any other substance-related violation under DOT policy

Conclusion of the Return-to-Duty Process

According to 49 CFR Part 40 § 40.305, employers must confirm that a driver has successfully fulfilled the SAP process before they can return to duty.

This confirmation must include:

• A documented negative return-to-duty test result
• Proof of completion of all required treatment or education
• An alcohol level below 0.02% in alcohol-related cases

Ultimately, the employer makes the final decision on whether to reinstate the driver, even if all DOT conditions have been satisfied.

State Laws and Regulations in North Dakota

Commercial driver’s license (CDL) holders in North Dakota must adhere to both federal and state regulations concerning drug and alcohol use.

While North Dakota aligns with the Federal Motor Carrier Safety Administration’s (FMCSA) standards, there are specific state laws that CDL drivers should be aware of.

Lower BAC Limit for Commercial Drivers in North Dakota

Under North Dakota Century Code (NDCC) § 39-06.2-10.1, 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 lead to severe consequences, including:

First Offense:

• Disqualification from operating a commercial motor vehicle (CMV) for at least 12 months.
• If transporting hazardous materials at the time, the disqualification extends to three years.

Second Offense:

• Lifetime disqualification from operating a CMV, with the possibility of reinstatement after 10 years in certain cases.

However, if a driver is reinstated after a reduction from lifetime disqualification to 10 years and subsequently commits another violation, they will be permanently disqualified with no possibility of a reduction.

Loss of CDL Privileges in North Dakota

North Dakota enforces strict standards for CDL holders, and certain violations can result in the suspension or revocation of commercial driving privileges.

Major Offenses:

Under NDCC § 39-06.2-10, CDL holders face disqualification for at least 12 months for offenses such as:

• Operating a CMV with a BAC of 0.04% or higher.
• Operating with any trace of controlled substances in their system.
• Refusing to submit to a chemical test.
• A first conviction of driving a CMV while under the influence of alcohol or drugs.
• A first conviction of leaving the scene of an accident while operating a CMV or a non-commercial vehicle.
• A first conviction of committing a felony involving the use of a motor vehicle (CMV or non-CMV).

A second major offense results in lifetime disqualification.

Serious Traffic Violations:

CDL holders may face disqualification for serious traffic violations committed in either a CMV or a non-commercial vehicle, provided the violation would result in the suspension or revocation of non-CMV driving privileges.

Disqualification periods are:

• Two Violations Within Three Years: At least 60 days.
• Three or More Violations Within Three Years: At least 120 days.

Under NDCC § 39-06.2-02(30), serious traffic violations include:

• Excessive speeding (15 mph or more over the posted limit).
• Reckless driving.
• Improper or erratic lane changes.
• Following the vehicle ahead too closely.
• Violating state or local laws related to motor vehicle traffic control, other than parking violations, arising in connection with a fatal accident.
• Driving a CMV without obtaining a CDL or a CDL learner’s permit.
• Driving a CMV without a CDL in possession.
• Driving a CMV without the proper class of CDL or endorsement.
• Violating state or local laws prohibiting texting while driving.
• Violating state or local laws restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.

Railroad Crossing Violations:

CDL holders must adhere to all traffic laws regarding railroad crossings. Under NDCC § 39-06.2-10(7), violations can result in disqualification periods of:

• First Violation: At least 60 days.
• Second Violation Within Three Years: At least 120 days.
• Third or Subsequent Violation Within Three Years: At least 1 year.

Out-of-Service Orders:

Violating an out-of-service order results in the following disqualification periods per NDCC § 39-06.2-10.9:

• First Violation: 180 days.
• Second Violation Within 10 years: 2 years.
• Third or Subsequent Violation Within 10 years: 3 years.

If the violation occurs while transporting hazardous materials or passengers, the disqualification periods are longer (i.e., one year for a first violation).

CDL drivers in North Dakota must comply with both federal and state regulations to maintain their driving privileges and continue their professional careers.

How to Choose a DOT SAP Program in North Dakota

If you’re a CDL driver in North Dakota navigating the return-to-duty (RTD) process, choosing the right SAP provider can make all the difference in how quickly and smoothly you get back to work.

Here’s what to look for in a DOT SAP program:

1. Speedy and Reliable Service

Time matters when your career is on hold. At American River Wellness, we offer same-day or next-day virtual appointments so you can start the SAP evaluation immediately—no long waits or travel required.

With our efficient process, most drivers complete their SAP requirements within a week, and many wrap it up in just 3–4 days.

2. Convenient Virtual Options

If your CDL is suspended, it may be hard to meet in person.

We provide remote SAP evaluations accessible from anywhere in North Dakota.

All you need is a phone or internet connection to begin your recovery and compliance journey.

3. Straightforward Communication

It’s essential to understand what’s expected and keep your employer informed throughout the process.

We stay in touch by phone, text, or email and provide status updates every step of the way.

We’ll also help ensure your employer receives the necessary progress reports, helping avoid any delays in reinstatement.

4. Transparent Pricing & Flexible Payments

Most drivers have to cover the cost of SAP services themselves, so affordability matters.

At American River Wellness, we’re upfront about our pricing—no surprise fees.

American River Wellness charges a base fee of $450, with options starting as low as $112 with Afterpay. Contact us for details.

5. Full-Service Support From Start to Finish

Be sure your SAP provider offers more than just evaluations.

Our program includes:

• In-depth assessments with tailored education and treatment plans
• Access to support groups, resources, and counseling referrals to help you meet every DOT requirement

6. Proven Track Record

Experience counts when it comes to DOT compliance.

Our team at American River Wellness has spent over seven years guiding North Dakota drivers through SAP evaluations and getting them back to work efficiently and compliantly.

7. Proper Credentials and Compliance

To legally return to duty, your SAP must meet strict DOT certification standards.

Our evaluators are fully credentialed and trained in DOT procedures, with certifications including:

• 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 your evaluation meets all federal requirements and is handled by trained professionals.

8. Continued Support After You’re Done

Even after completing your SAP steps, you may need help down the road.

We retain your records for five years and submit documentation to your employer at no extra charge.

While your follow-up testing will be handled by your employer or third-party administrator, we remain available to assist by phone, email, or text.

We also provide job search support and can coordinate with third-party testing programs if needed.

Get Back to Work Quickly with American River Wellness

If a DOT drug or alcohol violation has sidelined your career, the first step to returning to safety-sensitive work is completing a SAP evaluation.

At American River Wellness, we offer virtual appointments as soon as the same or next day, so you can start the process right away and minimize your 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.

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