When Is a DOT Alcohol Confirmation Test Required?

A confirmation test is required when a screening test shows an alcohol concentration of 0.02 or higher, under 49 CFR 40.247(b). Under 49 CFR 40.3, a confirmation test is a subsequent test using an evidential breath testing device (EBT) that provides quantitative data about the alcohol concentration. Under 49 CFR 40.211(b), only a BAT may conduct it.

Under 49 CFR 40.251(a), a waiting period of at least 15 minutes starts when the screening test is completed, and the confirmation test should begin as soon as possible after that, but not more than 30 minutes after the screening test. During the wait the employee is observed and is told not to eat, drink, put anything into the mouth or belch, because the waiting period is meant "to prevent an accumulation of mouth alcohol from leading to an artificially high reading." Under 40.251(g), starting after 30 minutes does not invalidate the tests but may be a regulatory violation. If the confirmation test is at a different site, 40.247(b)(3)(vii) requires that the employee be observed during transport and be directed not to attempt to drive a motor vehicle to the confirmation testing site.

Under 49 CFR 40.253, the BAT runs an air blank on the EBT in front of the employee. The test proceeds only on a reading of 0.00, and an EBT that fails a second air blank is taken out of service. The BAT and the employee read the unique test number, the employee blows into a new mouthpiece for at least six seconds or until the device indicates an adequate amount of breath, and the BAT shows the employee the displayed and printed result.

Under 49 CFR 40.255(a), a confirmation result below 0.02 requires nothing further of the employee. For a result of 0.02 or higher, the BAT directs the employee to sign and date Step 4 of the ATF and notifies the DER immediately, by a means such as telephone or secure fax, and not through a C/TPA. Under 49 CFR 382.107, alcohol concentration for FMCSA purposes is the alcohol in a volume of breath as indicated by an evidential breath test. Saliva screening is covered in Can a Saliva Device Be Used for a DOT Alcohol Test?.

Whether a provider found in the MyDrugTesting.com directory has a BAT and an EBT for confirmation tests can be confirmed with that provider.