The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that enforces safety regulations for commercial drivers. The FMCSA and Congress recognized the need for a transportation industry that is drug and alcohol free.

In 1991, the Omnibus Transportation Employee Act was enacted, requiring DOT agencies to conduct drug and alcohol testing on safety-sensitive drivers, including bus drivers, commercial drivers, and even airline employees covered by FAA rules.

For over 20 years, the FMCSA has defined the drug and alcohol testing rules for drivers with a commercial driver's license (CDL). These regulations cover who is subject to the testing, what they are to be tested for, and how often they are to be tested.

Who is tested?

• All CDL Drivers
• Full-time drivers
• Part-time drivers
• Backup drivers
• International drivers
• Intermittent drivers

For a truck driver to be hired, the employer must receive a negative drug test before they can allow the CDL driver to operate a CMV. If a truck driver is involved in an accident, they may be required to submit to a drug or alcohol test per Section 382.303. This especially applies to accidents involving human fatalities and injuries where the trucker was issued a citation.

Most states made it illegal for a trucker to drive with a blood alcohol content (BAC) of .04% - half the BAC limit for non-commercial drivers. If a CDL holder is convicted of DUI while on the job, they are usually subjected to a lengthier license suspension than a standard DUI, which can mean the loss of livelihood for the CMV driver.

The CMV driver can find it extremely difficult to secure employment after a DUI conviction. This is why it is so important to have an aggressive defense attorney in a commercial DUI case!