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If you failed or refused a DOT drug or alcohol test, it’s important to complete the SAP program to reclaim your CDL in Texas.
At American River Wellness, we provide fast DOT SAP evaluations, education, support groups, and counseling referrals to drivers in Austin, Houston, Dallas, and throughout the state of Texas.
This guide covers everything you need to know about the DOT SAP program in Texas and what to expect throughout the process.
Key Takeaways
- Commercial drivers in Texas who fail or refuse a DOT drug or alcohol test must complete the SAP program and follow strict return-to-duty steps to regain their CDL and resume work.
- The process includes an initial evaluation, personalized treatment or education, a follow-up assessment, a return-to-duty drug test, and mandatory follow-up testing for up to five years.
- Choose a certified SAP provider with fast evaluations, virtual accessibility, transparent pricing, and strong communication, such as American River Wellness, to streamline the return-to-duty process.
What is a SAP Evaluation?
A Substance Abuse Professional (SAP) evaluation is a thorough assessment required by the U.S. Department of Transportation (DOT) for safety-sensitive employees who violate DOT drug and alcohol regulations.
The evaluation assesses your readiness to return to work safely.
Based on the results, the SAP will recommend treatment, education, follow-up testing, and any other steps you need to complete before resuming your duties.
This process ensures you are free from substances that could impair your ability to perform your job safely.
Who is Required to Complete the SAP Program?
Employees in safety-sensitive positions within industries regulated by the U.S. Department of Transportation (DOT)—such as trucking, aviation, and railroads—are required to participate in the SAP program if they fail or refuse a DOT drug or alcohol test.
In the trucking industry, the SAP program applies to safety-sensitive roles, including:
- Commercial truck drivers holding a CDL license
- Drivers transporting hazardous materials (HAZMAT)
- Commercial drivers carrying 16 or more passengers, including bus operators
- Part-time or full-time drivers
- Drivers for local, state, or federal government agencies
Truck drivers in Texas may be subject to pre-employment drug testing, random substance screenings, and drug tests following an accident.
They may also need to complete return-to-duty and follow-up testing after violating DOT drug and alcohol regulations.
Employers can use the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse to check for drivers prohibited from operating due to DOT rule violations.
DOT Return to Duty Process in Texas
1. Immediate Removal from Safety-Sensitive Duties
A violation of DOT drug and alcohol regulations requires your employer to remove you from safety-sensitive tasks immediately per 49 CFR part 40, § 40.23.
Your employer is obligated to inform you that completing the SAP RTD process is mandatory before you can return to work.
2. Referral to a Substance Abuse Professional (SAP)
Your employer will provide a list of DOT-qualified Substance Abuse Professionals (SAPs).
You must select a qualified SAP—unqualified counselors are not allowed.
3. Initial SAP Evaluation
After choosing a qualified SAP, you’ll schedule and attend an initial evaluation.
This evaluation can take place in person or online. The SAP will review your case, ask detailed questions, and may have you complete assessment tools to understand your situation better.
The SAP will assess your behavior, substance use, and contributing factors to create a personalized treatment and education plan.
4. Completing Treatment/Education Program
You can’t return to work until you’ve fully completed the treatment and education plan created by the SAP.
Your plan may involve:
- Drug and alcohol education sessions
- Outpatient counseling or treatment programs
- Inpatient rehabilitation, if necessary
- Participation in individual or group therapy
The SAP will monitor your progress and ensure compliance throughout the program.
5. Follow-Up SAP Evaluation
Once your treatment plan is complete, you must undergo a follow-up evaluation with the SAP.
During this session, the SAP reviews your compliance and determines whether you are fit to return to duty.
If approved, the SAP will issue a return-to-duty report authorizing you to proceed with the next steps.
6. Return-to-Duty Test
You must pass a DOT return-to-duty drug and alcohol test under direct observation.
A negative result is required to continue the process.
7. Employer Decision on Returning to Duties
Your employer will review the return-to-duty report and test results before making a decision.
Employers are not obligated to reinstate you in your previous role, even if you meet all DOT requirements.
8. Follow-Up Testing Program
The SAP will establish a follow-up testing plan based on your history and the nature of your violation.
This plan typically includes:
- At least six unannounced drug and alcohol tests in the first 12 months
- Additional testing, as recommended, for up to five years
Compliance with follow-up testing is mandatory to maintain your safety-sensitive role.
9. Ongoing Compliance and Monitoring
Your employer will continue to monitor your compliance with the follow-up testing program.
Failing to comply, refusing a test, or testing positive again will result in immediate suspension and a requirement 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) under the U.S. Department of Transportation to regulate commercial drivers and transportation companies operating in interstate commerce.
This legislation allows for the suspension or revocation of a CDL license if drivers commit specific violations, such as:
- Conviction for a DUI offense
- Conviction for controlled substances offenses
- Refusing a chemical test requested by law enforcement
These violations can result in a one-year suspension of your CDL for a first offense.
A second offense may lead to a lifetime revocation of your CDL.
FMCSA Drug Testing Requirement for CDL Drivers
As outlined in 49 CFR Part 382, Subpart C, employers governed by the Federal Motor Carrier Safety Administration (FMCSA) are required to conduct DOT drug testing.
These employers must adhere to strict guidelines regarding testing procedures, types of tests, timing, and which employees are subject to testing.
CDL holders represent the majority of workers required to undergo DOT drug and alcohol testing.
Prohibited Status in Clearinghouse and License Suspension Upon Violation
CDL drivers who fail a drug or alcohol test or refuse to take one are marked as prohibited in the FMCSA’s Drug and Alcohol Clearinghouse.
This status triggers an automatic suspension or revocation of their license under a 2021 final rule and 2023 DOT guidance.
Starting November 18, 2024, any confirmed positive test result or test refusal will result in the immediate suspension or revocation of a commercial driver’s license.
Drivers must complete the RTD process under the guidance of a certified SAP to regain eligibility to work.
Violations remain visible in the Drug and Alcohol Clearinghouse for five years or until the RTD process is completed, whichever comes first.
In short, if you test positive or refuse a test, your CDL will be suspended, and completing the SAP and RTD process is required to reinstate your license and return to work.
Reporting Process for DOT-Regulated Employers
When a driver refuses a test or fails it, the violation is reported to the FMCSA’s Drug and Alcohol Clearinghouse.
Per 49 CFR Part 40, employers regulated by the DOT must submit drug and alcohol testing data annually via Login.gov, a secure federal system.
Other prospective employers will have access to this information if the driver seeks employment elsewhere.
When a SAP Evaluation is Required
According to 49 CFR Part 40 § 40.285, any driver violating DOT drug and alcohol regulations must immediately stop performing safety-sensitive tasks.
Drivers are required to undergo a SAP evaluation and fulfill all treatment and education recommendations before they are cleared to return to duty.
A SAP evaluation is mandatory for drivers who:
- Submit a confirmed positive result on a DOT drug test
- Test for alcohol with a BAC of 0.04% or higher
- Refuse to take a DOT-mandated drug or alcohol test
- Violate any other DOT drug and alcohol regulations
Conclusion of the Return-to-Duty Process
Under 49 CFR Part 40 § 40.305, an employer considering reinstating a driver must confirm that the driver has completed a return-to-duty drug test with a negative result.
Additionally, the employer must verify that the driver has followed all treatment and education recommendations prescribed by the SAP.
The driver must pass a drug test and/or an alcohol test with a BAC below 0.02%.
Ultimately, it is up to the employer to decide whether the driver is reinstated.
State Laws and Regulations
Texas Transportation Code § 522.081: Disqualification from Driving a Commercial Motor Vehicle
This section of the Texas Transportation Code outlines the conditions under which a CDL holder may be disqualified from operating a commercial motor vehicle within the state.
CDL drivers operating a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, or while under the influence of controlled substances, will face disqualification from driving.
Additionally, refusing to submit to alcohol or controlled substance testing, as required by law enforcement or an employer, results in automatic disqualification.
For a first offense, the driver is typically disqualified for one year. A second offense may lead to a lifetime disqualification, although reinstatement may be possible under specific conditions.
Texas Administrative Code, Title 37, Part 1, Chapter 16: Commercial Driver License Rules
The Texas Department of Public Safety (DPS) enforces these rules, which align with federal regulations to ensure the safety and compliance of commercial drivers operating within the state.
CDL holders are required to comply with both state and federal regulations regarding drug and alcohol use.
Drivers who violate these regulations must undergo an evaluation by a qualified Substance Abuse Professional (SAP) and complete any recommended treatment before returning to safety-sensitive duties.
Employers are responsible for ensuring that drivers fully complete the Return-to-Duty (RTD) process and are prohibited from allowing drivers to operate commercial vehicles until all requirements have been met.
Texas Department of Public Safety (DPS) Enforcement Policies
The Texas Department of Public Safety (DPS) has the authority to suspend or revoke a Commercial Driver’s License (CDL) for violations of drug and alcohol policies, as outlined by both state and federal laws.
To ensure only qualified individuals operate commercial vehicles in Texas, the DPS maintains detailed records of violations and compliance.
Additionally, the DPS works closely with the Federal Motor Carrier Safety Administration (FMCSA) to enforce regulations and share information regarding CDL holders’ compliance statuses.
How to Select a SAP Program in Texas
When choosing a SAP program in Texas, there are several important factors to consider to ensure a smooth and efficient return-to-duty process.
1. Speed to Completion
One of the first things to think about is how quickly you can begin and finish the return-to-duty process.
At American River Wellness, we prioritize fast turnaround times, offering same-day or next-day appointments to help you get started as soon as possible.
While the process can take about a week on average, many drivers complete it in just three to four days.
2. Location and Accessibility
Having a convenient SAP option is crucial, especially if your license is suspended and travel is difficult.
To meet this need, American River Wellness provides virtual SAP evaluations, allowing you to complete the process from anywhere in Texas.
3. Clear Communication
Effective communication is key when selecting a SAP program. You’ll want a provider who explains your responsibilities clearly and keeps both you and your employer updated on your progress.
Our team maintains open lines of communication via phone, email, and text, ensuring transparency throughout the process.
We also assist in keeping your employer informed about your compliance status.
4. Payment Options
The cost of SAP evaluations can be a concern, as most employers do not cover these expenses.
At American River Wellness, we keep our pricing straightforward, with no hidden fees beyond the initial evaluation cost.
We offer flexible payment plans starting at $112, making it easier for you to manage the cost. Contact us to learn more about available options.
5. Program Components
It’s important to understand what the SAP program includes before beginning.
We customize treatment and education plans based on a thorough clinical assessment.
Depending on your needs, we may provide additional resources such as educational materials, support groups, or counseling referrals.
These resources ensure you fully understand your responsibilities and have access to tools that support your success.
6. Experience
Your SAP provider should be knowledgeable and experienced in handling DOT requirements and regulations.
Our team has over seven years of experience in conducting SAP evaluations and guiding clients through the SAP process.
7. Certifications
Make sure the SAP you choose is fully certified and knowledgeable about DOT guidelines.
At American River Wellness, we adhere to DOT regulations and stay updated on any changes in the industry. Our team holds 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 certifications demonstrate our commitment to providing reliable and high-quality services.
8. Ongoing Support
Even after completing your SAP program, you may need additional assistance from time to time.
We keep client records for five years and send all required documentation to your employer at no additional cost.
While employers are responsible for conducting follow-up testing, we continue to support our clients through phone, text, and email for as long as needed.
Additionally, we provide resources to help with employment and third-party administrator requirements.
Get Back to Work Fast with American River Wellness
If a drug or alcohol violation has taken you off your safety-sensitive duties, a SAP evaluation is your first step toward getting back on track.
American River Wellness offers convenient same-day or next-day virtual appointments, so you can start the process without delay.
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 Texas may cover the cost of SAP programs through employee assistance plans, most do not.
At American River Wellness, we aim to make SAP programs more affordable for CDL drivers. Our pricing begins at $112, and we provide flexible payment options to fit your needs.
No, SAP programs are not offered for free. The fees charged by DOT-qualified SAPs depend on the required evaluations and treatment plans.
At American River Wellness, our fees are set below the national average to provide accessible services.
You can also consult your HR department to check if your employer’s assistance plan might cover some or all of the costs.
After scheduling your SAP evaluation with American River Wellness, you can take the following steps to get ready:
– Learn about what the SAP process involves.
– Collect any documents related to your drug or alcohol violation to bring to your appointment.
– Review your employer’s substance abuse policy.
– Avoid using alcohol or drugs entirely.
– Stay informed about any updates to relevant policies or regulations.
The duration of the DOT SAP program depends on several factors, such as the seriousness of the violation and your substance use history.
In most cases, our clients finish the program within one week.
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