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Contact our truck accident lawyers — serving Columbus, Macon, and Augusta, Georgia — if you have any questions about alcohol and controlled substance testing, truck accident lawsuits, or to arrange a case consultation.
Rogers and Goldberg, L.L.C.
3423 Piedmont Road N.E.
Suite 510
Atlanta, Georgia 30305
Phone: (866) 390-5516
Fax: (404) 846-5591
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Truck Accident Lawyers Serving Columbus, Macon, & Augusta, Georgia — Alcohol/Controlled Substance Testing
The truck accident lawyers at Rogers and Goldberg — serving Columbus, Macon, Augusta, as well as Georgia victims statewide — are among the most renowned truck accident lawyers in the nation. Our attorneys specialize in commercial trucking claims and have published a book, Understanding Motor Carrier Claims, as a resource for other truck accident lawyers around the country.
Federal regulations establish strict guidelines for alcohol and controlled substance use by drivers, and for testing by carriers. Below is a summary of the book's fourth chapter, "Alcohol and Controlled Substance Testing." To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions and would like to schedule a consultation with our truck accident lawyers, contact Rogers and Goldberg. We provide Columbus, Macon, and Augusta, Georgia-area accident victims the highest standard of representation.
Previous chapter << III. Driver Qualifications
Next chapter >> V. Hours of Service Regulations
IV. Alcohol and Controlled Substance Testing
A. Use of Alcohol While on Duty
A driver cannot use alcohol within four hours of going on duty or being physically in control of or operating a commercial vehicle. A driver also cannot use alcohol while performing a safety-sensitive function.
** Practice Pointer **
Truck accident lawyers should request copies of all alcohol tests performed on the driver and correspondence with prior employers about the driver's alcohol use.
B. Use of Controlled Substances While on Duty
A driver cannot use a controlled substance when reporting for or remaining on duty that requires the performance of a safety-sensitive function unless the use of the controlled substance is pursuant to the instructions of a physician who has advised the driver that the substance will not adversely affect his ability to safely operate a commercial vehicle.
** Practice Pointer **
Truck accident lawyers should request copies of all controlled substances tests performed on the driver and correspondence with prior employers about the driver's drug use.
C. Pre-Employment Alcohol & Drug Screening
Prior to conducting a pre-employment alcohol and controlled substances screen, a trucking company must provide its drivers with educational material explaining its policies and procedures as well as the federal guidelines concerning alcohol and controlled substance testing. A motor carrier must complete a pre-employment screen of a driver for alcohol and controlled substances before the driver performs his first safety-sensitive function for the carrier.
** Practice Pointer **
Truck accident lawyers should request all pre-employment drug and alcohol screens and any information provided to drivers about drug and alcohol testing.
D. Reasonable Suspicion Testing
If a motor carrier has a reasonable suspicion that a driver has violated the alcohol use prohibitions, the carrier must require the driver to submit to testing. This reasonable suspicion must be based on the appearance, behavior, speech, or body odor of the driver.
E. Random Drug & Alcohol Testing
A carrier must also conduct random alcohol and drug testing on a certain percentage of its drivers per year regardless of their conduct. The testing must be unannounced and the dates for administering the tests must be spread reasonably throughout the calendar year.
F. Post-Accident Testing
A trucking company must perform a drug and alcohol test on a driver whenever he is involved in an automobile accident resulting in a fatality. Testing is also required when the investigating officer issues a citation to the driver involved in the accident and the accident causes bodily injury requiring immediate treatment away from the accident scene, or the accident causes disabling damage to any motor vehicle that requires it to be towed from the scene.
** Practice Pointer **
Truck accident lawyers should request all post-accident drug and alcohol test results and notations about the failure to perform post-accident testing.
G. Refusal to Submit to Testing
Any person who holds a commercial driver's license or drives a commercial vehicle is deemed to have consented to alcohol and controlled substances testing as required by federal regulations.
H. Alcohol & Controlled Substance Testing Policies and Procedures
Alcohol and controlled substance testing must comply with federal regulations dictating the proper methods of taking and preserving samples, and performing the tests.
I. Rehabilitation
A trucking company must inform a driver who violates the alcohol or controlled substances prohibitions of the resources available to assist him in evaluating and resolving problems associated with alcohol and controlled substances abuse. The driver must then be evaluated by a substance abuse professional to determine the kind of assistance needed for his rehabilitation.
J. Retention & Disclosure of Records
Carriers are required generally to maintain any documents (1) related to random drug testing, (2) generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests, (3) generated in connection with post-accident tests, (4) related to a refusal to submit to testing, (5) generated in connection with verifications of a driver's testing from prior employers, (6) related to a driver's evaluation and consultation with a substance abuse professional, and (7) related to educational or training materials provided to drivers including the carrier's testing policies and procedures.
Download full chapter: IV. Alcohol and Controlled Substance Testing
Next chapter >> V. Hours of Service Regulations
Contact Our Truck Accident Lawyers — Serving Columbus, Macon, and Augusta, Georgia
If you have any questions regarding alcohol and controlled substance testing, or if you have been involved in a truck collision and are seeking representation, contact the trucking accident lawyers at Rogers and Goldberg, L.L.C.. Serving Columbus, Macon, Augusta, and all of Georgia, our attorneys boast an impressive track record of successful verdicts and settlements. We can help you obtain compensation for your injuries.