Can a Police Alcohol Test Count as an FMCSA Post-Accident Test?

Yes, under set conditions. Under 49 CFR 382.303(g)(1), the results of a breath or blood test for the use of alcohol, conducted by federal, state or local law enforcement or public safety officials having independent authority for the test, are considered to meet the post-accident testing requirement. The test must conform to the applicable federal, state or local alcohol testing requirements, and the employer must obtain the results.

This differs from Part 40, which authorizes only breath or saliva for alcohol tests done under it, as covered in Are Blood or Urine Alcohol Tests Allowed under DOT Rules?.

A police test is also different from an officer acting as a BAT. Under 49 CFR 40.213(h)(2), law enforcement officers certified by state or local governments to conduct breath alcohol testing are deemed qualified as BATs, but a test they conduct is accepted under DOT alcohol testing requirements only if the officer was certified by a state or local government to use the EBT or ASD used for the test.

Without such a result, the employer's own post-accident alcohol test follows the 382.303 time limits covered in When Is a Post-Accident Drug and Alcohol Test Required for CDL Drivers?.

Alcohol Testing listings in the MyDrugTesting.com directory show where each provider is located.