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sap evaluation tennessee

If you’re a CDL holder in Tennessee and you fail or refuse a DOT drug or alcohol test, you will be immediately disqualified from operating commercial vehicles until you complete the return-to-duty (RTD) process.

The first step in getting back to work is completing an evaluation with a DOT-certified Substance Abuse Professional (SAP).

At American River Wellness, we support commercial drivers across Tennessee, including those in Nashville, Memphis, Knoxville, Chattanooga, and beyond, as they move through the DOT SAP program quickly and effectively.

This guide explains each stage of the SAP process, so you can understand what is required and how to return to duty legally and safely.

What is a DOT SAP Evaluation?

A DOT SAP evaluation is a required process for any safety-sensitive worker regulated by the U.S. Department of Transportation who has violated federal drug or alcohol rules.

This evaluation is conducted by a certified Substance Abuse Professional (SAP), who will:

  • Review the circumstances of your violation
  • Assess any current or past substance use
  • Develop a personalized plan for treatment or education
  • Oversee your progress throughout the program
  • Approve your return to duty and set up a follow-up testing schedule once all steps are completed

Your SAP’s recommendations may include:

  • Drug or alcohol awareness classes
  • One-on-one or group counseling
  • Attendance at peer support groups like AA or NA
  • Inpatient or residential treatment, if necessary
  • A return-to-duty drug or alcohol screening
  • Continued follow-up testing to ensure compliance

The goal of the SAP evaluation is to confirm that you are sober, stable, and ready to safely return to your role as a commercial driver.

Who Needs to Complete the SAP Program in Tennessee?

Any safety-sensitive worker who is regulated by the U.S. Department of Transportation must go through the SAP process after violating federal drug or alcohol rules before returning to duty.

In Tennessee, this includes:

  • CDL drivers operating commercial motor vehicles
  • Drivers transporting hazardous materials (HAZMAT)
  • Bus drivers responsible for 16 or more passengers
  • Both part-time and full-time commercial drivers
  • CDL holders employed by the local, state, or federal government

CDL drivers in Tennessee must take DOT drug and alcohol tests in the following situations:

  • Pre-employment screening before starting a new position
  • Random testing throughout employment
  • Post-accident testing following qualifying incidents
  • Reasonable suspicion testing when signs of impairment are observed

Failing or refusing any of these tests will place you into the return-to-duty process, starting with a SAP evaluation.

This violation is also reported to the FMCSA Drug and Alcohol Clearinghouse.

DOT Return-to-Duty Process in Tennessee

If you fail or refuse a DOT drug or alcohol test in Tennessee, you must complete the full return-to-duty process before you can resume any safety-sensitive work.

Here’s what the process involves:

1. Immediate Removal from Safety-Sensitive Duties

As soon as the violation is confirmed, your employer is required by DOT regulations to immediately remove you from any safety-sensitive responsibilities.

There are no exceptions or delays allowed.

2. Referral to a DOT-Qualified SAP

Your employer will give you a list of Substance Abuse Professionals who meet DOT certification standards.

Only SAPs with proper DOT credentials can conduct evaluations – general therapists or counselors are not authorized.

3. Initial SAP Evaluation

You will meet with your chosen SAP either in person or virtually.

During this session, the SAP will:

  • Review your employment and substance use background
  • Discuss the details of your DOT violation
  • Create a custom plan that includes education or treatment, or both

4. Completion of SAP Requirements

You must finish every part of the plan that your SAP provides.

This may include:

  • Drug and alcohol awareness courses
  • Regular counseling sessions (weekly or biweekly)
  • Attending support groups such as AA or NA
  • Inpatient or residential treatment, if required

The SAP will track your progress and confirm once you’ve completed all the steps.

5. Follow-Up Evaluation

After completing your program, you will return for a second evaluation.

If your SAP determines that you’ve met all the requirements, they will provide a report stating you are eligible for return-to-duty testing.

6. Return-to-Duty Test

Before you can return to work, you’ll need to pass a DOT drug or alcohol test under direct observation.

A negative result is required, and if your violation involved alcohol, your BAC must be below 0.02%.

7. Employer’s Reinstatement Decision

Your employer will review the SAP’s report along with your test results.

Be aware that even if you’ve completed all requirements, your employer is not obligated to reinstate you.

8. Follow-Up Testing Program

If you’re reinstated or hired by another DOT-regulated employer, you must follow the SAP’s follow-up testing plan.

This usually includes:

  • At least six unannounced drug or alcohol tests during the first year
  • Continued random testing for up to five years
  • Strict adherence to all scheduled tests

9. Ongoing Monitoring

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

If you fail or refuse another test, you’ll be removed from safety-sensitive work again and required to restart the SAP process from the beginning.

Get Back on the Road with Confidence

Important Laws and Regulations

Federal Laws and Regulations

Motor Carrier Safety Improvement Act (MCSIA) of 1999

The Motor Carrier Safety Improvement Act of 1999 led to the creation of the Federal Motor Carrier Safety Administration (FMCSA), which oversees safety regulations for CDL holders and their employers across the country.

This law also covers serious violations committed in personal vehicles.

Under Section 201(g), certain offenses can lead to CDL disqualification, even if they happen outside of work.

These include:

  • Driving under the influence of drugs or alcohol
  • Possessing or using illegal substances
  • Refusing a required chemical test
  • Other major traffic violations that result in license suspension or revocation

Penalties for these violations include:

  • First offense: One-year disqualification of your CDL
  • Second offense: Lifetime disqualification (in some cases, reinstatement may be possible after 10 years)
  • Using a commercial vehicle in a felony involving controlled substances: Permanent lifetime ban
  • Using a commercial vehicle in a human trafficking offense: Permanent lifetime ban

FMCSA Drug and Alcohol Testing Requirements

Under 49 CFR Part 382 § 382.301, all CDL drivers must undergo drug and alcohol testing under specific circumstances, including:

  • Before beginning employment (pre-employment testing)
  • At random during employment
  • After certain types of accidents
  • When there is reasonable suspicion of drug or alcohol use
  • As part of the return-to-duty and follow-up testing process

FMCSA Clearinghouse and CDL Suspension Rules

According to the FMCSA’s 2021 final rule and 2023 DOT guidance, failing or refusing a DOT drug or alcohol test has immediate consequences:

  • Your CDL will be suspended if you test positive, refuse testing, or are listed as “prohibited” in the FMCSA Drug and Alcohol Clearinghouse.
  • You are not allowed to return to safety-sensitive duties until all SAP program steps are completed.
  • The violation remains in the FMCSA Drug & Alcohol Clearinghouse for five years or until the SAP process is officially completed, whichever comes first.

Employer Reporting Obligations

As required by 49 CFR Part 382 § 382.705, DOT-regulated employers must report any violations to the FMCSA Clearinghouse using Login.gov.

These records are accessible to other employers when conducting pre-employment checks for CDL drivers.

When a SAP Evaluation Is Required

According to 49 CFR Part 40 § 40.285, CDL drivers must complete a SAP evaluation if they:

  • Fail a DOT drug or alcohol test
  • Record a blood alcohol level of 0.04% or higher while driving a commercial vehicle
  • Refuse or avoid taking a required test
  • Submit a tampered or substituted specimen
  • Commit any other violation of DOT drug or alcohol rules

Final Steps Before Returning to Duty

As stated in 49 CFR Part 40 § 40.305, drivers are only eligible to return to work once:

  • They pass a return-to-duty drug or alcohol test with a negative result
  • They complete all treatment or education steps required by their SAP
  • Their BAC is under 0.02% for alcohol-related cases

Even when all requirements are fulfilled, the employer makes the final decision about reinstating the driver.

Tennessee State Laws

Lower BAC Limit for CDL Drivers

Under Tennessee Code § 55‑10‑401(3), a commercial driver with a CDL is considered to have committed a DUI if operating a commercial motor vehicle (CMV) with a blood alcohol concentration (BAC) of 0.04% or higher.

For non‑commercial drivers, the standard legal BAC threshold is 0.08% under Tennessee Code § 55‑10‑401(2).

Under Tennessee Code § 55‑10‑401(1), you can still be charged with a DUI with a BAC lower than 0.04% when any amount of alcohol or drugs impairs your ability to drive safely.

Disqualification Penalties for DUI & Major Offenses

Tennessee incorporates the federal CDL disqualification rules as found in Table 1 to 49 CFR § 383.51 alongside the disqualifications outlined in Tennessee Code § 55-50-405.

Under Tennessee law and federal standards, major offenses include the following:

  • Driving while under the influence of alcohol or drugs
  • Driving a commercial vehicle with a blood alcohol concentration of 0.04% or higher
  • Leaving the scene of an accident
  • Using a commercial vehicle in the commission of a felony

The disqualification periods include:

  • First offense (non‑hazardous): A CDL is disqualified for one year.
  • First offense (while transporting hazardous materials): CDL disqualification increases to three years.
  • Second offense (major violation): Lifetime disqualification under the federal scheme. Some drivers may apply for reinstatement after 10 years.

Per Tennessee Code §  55-50-405(a)(4), a driver who is convicted of using a commercial vehicle to commit a drug offense involving trafficking, distribution, or sales will be suspended for life after a first offense with no possibility of reinstatement.

Tennessee’s statutes also treat refusal to submit to a required chemical test (under implied consent rules) as a disqualifying offense, subjecting the CDL holder to suspension or disqualification under the same rules as a failed test.

A DUI conviction in any vehicle, even a personal car, can trigger CDL disqualification under Tennessee law, because federal regulation treats “major violations” committed off duty as disqualifying events for CDL holders.

Serious Traffic Violations

Tennessee follows the federal definition of “serious traffic violations” as disqualifying offenses under certain conditions.

Under Tennessee Code §  55-50-102(53), the following are considered serious traffic violations:

  • Speeding 15 mph or more over the posted limit
  • Reckless driving
  • Improper or erratic lane changes
  • Following another vehicle too closely
  • Traffic violations resulting in death, personal injury, or property damage for which the driver is at fault, other than parking infractions
  • Operating a CMV without having the CDL in the driver’s possession
  • Driving a CMV without obtaining a CDL
  • Operating a CMV without the proper CDL class or appropriate endorsement
  • Using a handheld phone or texting while driving
  • Committing any other traffic violation that the state deems to be serious by regulation

Under Tennessee Code § 55-50-405(5), the disqualification periods for serious traffic violations are:

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

Such disqualification periods run consecutively to other disqualifications.

Violating Out-of‑Service Orders

Under Tennessee Code § 55‑50‑405(7), failure to comply with an out‑of‑service order while operating a commercial vehicle leads to immediate CDL disqualification.

The penalties for violating an out-of-service order include:

  • First offense: 180-day disqualification
  • Second offense (within 10 years): Two-year disqualification
  • Third offense (within 10 years): Three-year disqualification
  • If the violation involves HAZMAT or passenger transport, enhanced penalties apply for second or subsequent violations.

Railroad‑Highway Grade Crossing Violations

Tennessee also incorporates the federal CDL crossing violation rules (49 CFR § 383.51(d)) via its statutes (e.g., Tennessee Code § 55‑50‑412 and Tennessee Code § 55‑50-405(9)).

Offenses include:

  • Failing to slow down or check for trains
  • Failing to stop when required
  • Crossing when there is insufficient space to clear tracks
  • Ignoring signals or enforcement at crossings

Disqualification periods for these crossing violations typically are:

  • First offense: 60 days
  • Second offense (within 3 years): 120 days
  • Third or subsequent offenses (within 3 years): At least 1 year

These railroad crossing disqualifications stack with other disqualification periods.

Choosing the Right SAP Program in Tennessee

Selecting a qualified SAP provider is an important part of completing the return-to-duty process successfully and getting back to work quickly.

Here’s what to consider:

1. Fast and Flexible Virtual Appointments

At American River Wellness, we offer virtual SAP evaluations with appointments available the same day or the next day across Tennessee.

This means you can start your return-to-duty process without unnecessary waiting.

2. Consistent Communication Throughout

We keep in regular contact with you and your employer throughout the entire process.

Our team makes sure everyone stays informed, so there are no surprises or unnecessary delays.

3. Clear and Fair Pricing

SAP evaluations at American River Wellness start at $450, with flexible payment options including plans as low as $112 through Afterpay.

We’re upfront about costs. There are no hidden fees or last-minute charges.

4. Complete Support from Start to Finish

We guide you through each stage of the SAP process, from your first evaluation to final clearance.

If you need referrals for counseling, education programs, or support groups, we’ll make sure you get connected.

5. Certified Professionals with DOT Credentials

Our team meets all federal requirements and includes professionals with the following certifications:

These credentials ensure your evaluation meets DOT standards and is conducted by qualified experts.

6. Ongoing Support Even After You’re Done

Once you’ve completed the SAP process, we retain your records for five years.

We also remain available to help with future employer requests, testing coordination, or job placement needs if necessary.

Get Back on the Road with American River Wellness

A DOT drug or alcohol violation doesn’t have to end your driving career. The SAP process is your path to getting back behind the wheel.

At American River Wellness, we’re here to make that process easier.

With quick virtual evaluations, qualified DOT professionals, and step-by-step guidance, we help Tennessee drivers return to work as efficiently as possible.

Call us today at (833) 436-8727 to schedule your SAP evaluation and take the first step 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.

Get Back on the Road with Confidence

FAQ

How much does a SAP program cost in Tennessee?

Our standard rate is $450, with payment plans available starting at $112 through Afterpay.

Are SAP programs free in Tennessee?

No, SAP services are not free. Unless your employer or union offers assistance, you’ll need to cover the cost yourself.
We keep our pricing lower than the national average to help drivers return to work without added financial stress.

How should I prepare for my SAP evaluation?

Before your appointment, gather any documents related to your DOT violation, review your company’s drug and alcohol policy, avoid all substance use, and make sure you understand the steps involved in the return-to-duty process.

How long does the SAP process take?

That depends on your situation and how quickly you complete your requirements.
Most drivers in Tennessee finish the process, including evaluation, education or treatment, and follow-up steps, within 3 to 7 days.

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.