Truck Driver Drug Testing Requirements in Texas

The Federal Motor Carrier Safety Administration has had drug and alcohol testing for all commercial motor vehicle drivers for over 30 years. Every commercial driver operating a motor vehicle or carrying over 16 passengers must pass a DOT drug and alcohol test, which detects alcohol concentration of 0.02 or over. The supervisors of trucking companies with more than one employee need to pass a course on spotting symptoms of drug and alcohol usage. The DOT drug and alcohol test checks the truck drivers for marijuana, cocaine, opiates, amphetamines, methamphetamines, and phencyclidine.

When Does the Trucking Company Test Drivers in Texas

The first time a trucking company needs to test drivers for drugs and alcohol is pre-employment. Texas truck drivers must pass the test to legally operate a commercial motor vehicle on a public road. Random testing by the trucking company is common while a driver is working and before or after their shift. Supervisors of trucking companies can watch for drivers displaying signs of substance abuse.

Supervisors can ask for testing anytime a truck driver shows odd behavior. Follow-up testing can continue for up to five years and starts after a driver has a positive test. Usually, a truck driver can’t return after a positive test, but sometimes they can with follow-up testing. An alcohol test is mandatory within 8 hours of an accident, and a drug test within 32 hours. Drug and alcohol testing is necessary if a driver receives a ticket for injuries or has a fatal accident.

When Do Truck Drivers Submit to Drug or Alcohol Testing

The most common reason a truck driver would need to submit to a drug or alcohol test is after a crash. Police will investigate the scene of an accident and move injured people to the hospital. Police will remove traffic obstructions to clear the roadways and write a report. A police officer will give a truck driver a drug and alcohol test if they suspect they’re under the influence. An officer will arrest any driver who fails the sobriety test and blood, breath or urine test.

Injured parties in the accident have a better chance of winning a personal injury lawsuit if the truck driver is under the influence of something. Police officers check for several signs of intoxication, including alcohol on their breath, stumbling and slurred speech. Reckless driving or leaving the truck’s back door open before the accident would prompt police to test a driver’s sobriety. Another cause for a sobriety test in Texas is police finding empty beer cans in the truck’s cab.

CDL License Consequences in Texas

Every truck driver needs a Commercial Driver’s License to drive commercial vehicles on public roads in Texas. A Blood alcohol concentration of 0.08% is the minimum for a Driving Under the Influence or DUI conviction. Truck drivers only need a BAC of 0.04%. An evaluation by a professional and finishing a drug or alcohol treatment program is the start of getting the CDL back. After passing the test, the driver must agree to follow-up testing for a set period. Another positive result during that time will cost them their CDL.

Truck Driver Penalties for Positive Drug or Alcohol Findings

Failing either test will get a truck driver removed from driving a commercial vehicle on public roads. A positive drug result or a .04 or higher blood alcohol level will make it hard to return to work or find a new job after dismissal. A trucking company may offer follow-up testing to allow a truck driver to return to work. Even if another Texas trucking company wants to give a truck driver another chance, the insurance company usually stops drivers who fail drug and alcohol tests from working in the industry again.