When Is a Post-Accident Drug and Alcohol Test Required for CDL Drivers?

Under 49 CFR 382.303, after an accident involving a commercial motor vehicle operating on a public road in commerce, the employer tests each surviving driver who was performing safety-sensitive functions with respect to the vehicle if the accident involved the loss of human life. The employer also tests each surviving driver who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved bodily injury to a person who immediately received medical treatment away from the scene, or a vehicle with disabling damage that had to be towed away.

For alcohol, the citation must be issued within 8 hours of the accident. For controlled substances, it must be issued within 32 hours. The rule calls for the tests to be done as soon as practicable.

Section 382.303 states that if an alcohol test is not given within 2 hours, the employer records the reason, and attempts stop after 8 hours. Attempts at a controlled substances test stop after 32 hours, with a record of the reason. The rule also states that a driver subject to post-accident testing must remain readily available or may be deemed to have refused. Because of these time limits, the MyDrugTesting.com directory can be searched by location and service to find collection sites near the accident location.