Who Can Conduct a DOT Alcohol Test?

Under 49 CFR 40.211(a), screening test technicians (STTs) and breath alcohol technicians (BATs) who meet the requirements of Part 40, Subpart J are the only people authorized to conduct DOT alcohol tests. Under 49 CFR 40.3, a BAT instructs and assists employees in the alcohol testing process and operates an evidential breath testing device (EBT), and an STT does the same with an alcohol screening device (ASD).

Under 40.211(b), an STT can conduct only alcohol screening tests, while a BAT can conduct screening and confirmation tests. Under 49 CFR 40.213(h)(1), a person qualified as a BAT may act as an STT after showing initial proficiency on the ASD being used.

Under 40.211(c), a BAT or STT who is the employee's immediate supervisor may not act as the technician for that employee's test, unless no other BAT or STT is available and DOT agency regulations do not prohibit it.

Under 40.213(h)(2), law enforcement officers certified by state or local governments to conduct breath alcohol testing are deemed qualified as BATs without completing the Part 40 training. For a test by such an officer to be accepted under DOT alcohol testing requirements, the officer must be certified on the EBT or ASD used for the test. Police tests after an accident are covered in Can a Police Alcohol Test Count as an FMCSA Post-Accident Test?.

Under 49 CFR 40.223(e), a technician tests one employee at a time. Under 49 CFR 40.215, the employer gives the technicians the name and telephone number of the DER to contact about problems during testing. Training requirements are covered in What Training Do Breath Alcohol and Screening Test Technicians Need?.

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