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When can commercial drivers be drug tested?

Posted by Bulldog Law | Aug 08, 2023 | 0 Comments

Commercial drivers certainly are not allowed to be under the influence of drugs while operating a vehicle. The same goes for alcohol. Drivers are expected to be sober and safe whenever they drive, especially because they are often driving oversized vehicles, such as 80,000-pound semi-trucks.

That being said, drug testing can be seen as a somewhat invasive process. It's not something that happens to truck drivers every day or even frequently. But the Federal Motor Carrier Safety Administration (FMCSA) has set up drug testing regulations. They specify when a driver can be tested.

Four specific times

It is worth noting that, after an accident, the police can certainly conduct their own drug test that is outside of the FMCSA regulations. But employers are allowed to do this in these four situations:

  1. If there is reasonable suspicion of drug use 
  2. After a vehicle accident 
  3. As a condition of employment
  4. When a driver is coming back after a drug policy violation

Often, employers are going to look for drugs like cocaine, marijuana, opiates or amphetamines. These can often stay in a person's system for a long time, so they could still fail a test days or even weeks after use.

However, as noted above, if there has already been a traffic stop or an accident – even if it's a single-car accident – then the police may already have reasonable suspicion to conduct a drug test. When drivers find themselves facing serious questions about drug use, or even allegations that they've broken the law, it's crucial for them to know what legal options they have. Their entire career could hang in the balance.

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About the Author

Bulldog Law

Bulldog Law is a dedicated criminal defense, personal injury, and cryptocurrency dispute resolution firm with licensed attorneys and experienced support staff across California. Our team of trial attorneys, paralegals, and legal professionals brings decades of combined experience handling complex state and federal matters  including serious felonies, DUI, domestic violence, special education law, employment disputes, and high-stakes crypto fraud recoveries. We pride ourselves on thorough case preparation, aggressive advocacy, and personalized client service. Every blog post is researched and reviewed by members of our legal team to provide practical, up-to-date information for individuals and businesses facing legal challenges. If you need trusted legal representation or have questions about your case, contact Bulldog Law today at (888) 928-1609 for a confidential consultation. Offices throughout California including Glendale, Sacramento, San Francisco, San Diego, and more.

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