What Are the FMCSA Random Drug and Alcohol Testing Rates?

The current text of 49 CFR 382.305 sets the minimum annual random testing rate at 50 percent of the average number of driver positions for controlled substances and 10 percent for alcohol.

The rule states that the FMCSA Administrator may raise or lower these minimum rates based on the industry positive rate and violation rate drawn from the management information system reports required by 49 CFR 382.403. When a rate changes, FMCSA publishes the new rate in the Federal Register, and the new rate applies starting January 1 of the following calendar year.

For calendar year 2026, the minimum rates are 50 percent for drugs and 10 percent for alcohol. FMCSA last changed the drug rate for calendar year 2020, when it raised it from 25 percent to 50 percent (84 FR 71527).

Under 382.305, every driver subject to the rule must submit to random alcohol and controlled substances testing as required by that section. Under the 49 CFR 40.3 definition, a consortium or third-party administrator (C/TPA) performs administrative tasks for employer testing programs, and C/TPAs are one of the provider types listed in the MyDrugTesting.com directory.