DOT Drug and Alcohol Testing Violations in Trucking: How Safety Rules Protect the Public and Create Accountability

When you share the road with an 80,000-pound semi-truck, you expect the driver behind the wheel to be alert, sober, and safe. The federal government shares that expectation. That is why the Department of Transportation (DOT) created strict rules under 49 CFR Part 40 to prevent impaired drivers from operating commercial vehicles. These rules cover everything from how truck drivers are tested, to how companies must enforce testing, to the records carriers must keep.

At Zneimer & Zneimer, we know that when trucking companies cut corners on these safety rules, the results can be devastating. Families are left dealing with catastrophic injuries or the loss of loved ones. Understanding these federal regulations is the first step in holding negligent carriers accountable

The Substance Abuse Professional (SAP) Process: No Shortcuts Allowed

If a driver fails a drug or alcohol test—or refuses to take one—they cannot simply return to duty the next day. Federal law requires the driver to go through the Substance Abuse Professional (SAP) process. An SAP is a specially trained and credentialed professional who evaluates the driver, recommends treatment or education, and determines when the driver may safely return to duty.

Only after the SAP certifies compliance and the driver passes a return-to-duty test can they legally get back behind the wheel. Even then, the driver must submit to years of follow-up testing under the SAP’s plan. If a trucking company ignores this process and allows a driver back on the road early, it is not just a paperwork mistake—it is a serious violation that puts lives at risk.

Random Testing: The Deterrent System That Keeps Roads Safe

Random drug and alcohol testing is one of the strongest tools the DOT has to keep impaired drivers off the road. By law, trucking companies must select drivers using a scientifically valid and truly random method. Every driver must have an equal chance of being tested each time, and tests must occur throughout the year without notice.

When a driver is selected, they must report for testing immediately. Delays, rescheduling, or tipping off drivers are all prohibited. Employers who fail to conduct random testing properly—or skip it altogether—are undermining one of the cornerstones of highway safety. For crash victims, evidence of a company’s failure to enforce random testing can be powerful proof of negligence.

Recordkeeping and Reporting: The Backbone of Accountability

Federal rules require companies to keep detailed records of all testing for years. Verified positives, refusals, SAP reports, and follow-up schedules must be stored for at least five years, while negative and canceled tests must be retained for one year. These records must be produced to regulators within two business days if requested.

Employers must also report violations to state licensing authorities. If they don’t, drivers who test positive or refuse testing can jump to another company and continue driving with no one the wiser. Poor recordkeeping or failure to report is not a minor technical issue. It is a breach of federal duty that allows unsafe drivers to stay on the road.

Why These Rules Matter in Truck Accident Cases

The DOT’s drug and alcohol testing rules exist because the consequences of failure are so severe. An impaired truck driver can cause destruction in seconds. When companies ignore federal rules—by skipping the SAP process, failing to conduct random testing, or neglecting recordkeeping—they show a disregard for safety that juries and judges take seriously.

At Zneimer & Zneimer, we dig into the details of trucking companies’ compliance with these regulations. If a carrier violated federal testing rules and put a dangerous driver behind the wheel, we make sure that violation becomes part of the case for accountability and justice.

Zneimer & Zneimer: Holding Trucking Companies Accountable

Our firm has built a reputation for fighting aggressively for victims of trucking accidents in Chicago and throughout Illinois. We understand the complex federal regulations that govern trucking companies, and we know how to use violations of those rules to prove negligence.

If you or a loved one has been harmed in a trucking accident, do not assume it was simply “an accident.” The driver and the company may have ignored safety rules designed to prevent it. We will investigate, uncover the truth, and hold them accountable.