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By Greg Baumgartner, Texas truck accident lawyer
Federal rules require drug and alcohol testing for a covered truck driver who survives a fatal crash, even if police issue no ticket. After a nonfatal crash, testing depends on the injuries or vehicle damage and when the truck driver receives a moving violation citation.
These rules generally apply to drivers who operate commercial vehicles in commerce and are required to hold a commercial driver’s license or learner’s permit. See the FMCSA guidance on which drivers are covered.
The table covers crashes on public roads. A citation must be for a moving violation arising from the crash. Both time limits run from the time of the wreck. See 49 CFR § 382.303.
| Someone died | Required with or without a citation | Required with or without a citation |
| Someone was injured and immediately received medical care away from the scene | Required if cited within 8 hours | Required if cited within 32 hours |
| A vehicle was disabled by the crash and had to be towed away | Required if cited within 8 hours | Required if cited within 32 hours |
The employer must arrange required tests as soon as practicable. If two hours pass without a required alcohol test, the employer must document the delay. The employer must stop trying after eight hours for alcohol and 32 hours for drugs, and keep a record explaining why a required test was missed.
For example, if a crash disables a car that has to be towed and police cite the truck driver for a moving violation 10 hours later, the federal drug-testing requirement applies. By then, the eight-hour window for a citation to trigger alcohol testing has closed.
A qualifying test performed by law enforcement or public safety officials can satisfy the federal requirement if the employer obtains the result and the test meets the applicable rules.
When I investigate an 18-wheeler wreck, I start with the timeline. What happened at the scene? Was the driver cited, and when? If the trucking company says it tested the driver, I want to see when the sample was collected and how that time lines up with the crash.
These records can help pin down the timing.
The value of a positive test depends on what the test measured and when the sample was collected. I also look at witness accounts, video, and the truck’s recorded crash data to help determine what happened before impact. These are among the records worth preserving early after a Texas truck crash.
DOT testing records are confidential. In a truck crash lawsuit, a court can order an employer to produce relevant results under DOT’s rules for releasing test information in legal proceedings.
Federal rules also cover pre-employment drug testing, random testing, and testing based on reasonable suspicion. Return-to-duty and follow-up testing can apply after certain violations. The FMCSA overview of driver testing explains when each type applies.
Under 49 CFR § 382.603, employers must give designated supervisors at least one hour of training on alcohol misuse and another hour on drug use. The training helps supervisors recognize signs that may call for a reasonable suspicion test.
I’ve spent more than 40 years representing people hurt in severe crashes and families who have lost someone. If you were seriously injured or lost a family member in a truck crash, I can review what happened and explain which records may help answer your questions. Learn how I investigate serious truck accidents across Texas.
Call (281) 893-0760 or request a free consultation. You owe no attorney’s fee unless we recover compensation.
Further information:
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