Key points
- A fatal crash always triggers testing of the CMV driver who was performing safety-sensitive functions.
- An injury crash (treatment away from the scene) or a disabling tow-away triggers testing only if the CMV driver gets a citation for a moving violation arising from the crash.
- Alcohol: within 2 hours if possible, 8 hours at most. Drugs: within 32 hours.
When testing is required
The rule is in 49 CFR §382.303. The employer must test each surviving driver of a commercial motor vehicle involved in a crash on a public road in these situations:
| Type of crash | Citation to the CMV driver? | Test required |
|---|---|---|
| Human fatality | Not needed | Yes |
| Bodily injury with immediate medical treatment away from the scene | Yes | Yes |
| Disabling damage to any vehicle, requiring a tow-away | Yes | Yes |
| Injury or tow-away | No | Not required by the federal rule (company policy may differ) |
Time limits
- Alcohol: if the test isn't done within 2 hours, the employer must write down why. If it isn't done within 8 hours, it can't be done, and the employer must record the reasons.
- Controlled substances: if the test isn't done within 32 hours, it can't be done, and the reasons must be recorded.
- No drinking: a driver who must take an alcohol test may not use alcohol for 8 hours after the crash, or until tested, whichever comes first (49 CFR §382.209).
- Leaving the scene: drivers must not delay necessary medical care or leave the scene to get tested before meeting their duties at the scene.
Tests by police instead
If federal, state or local officers take breath, blood or urine tests under their own authority, the employer may use those results instead, as long as it obtains them and they meet the conditions in §382.303.
Why this matters in a crash claim
Post-accident test results, or the reasons a test wasn't done, often become evidence in truck accident cases. A positive result can support claims of negligence and, in serious cases, exemplary damages. See CPRC Chapter 41. Results are also reported to FMCSA's Drug and Alcohol Clearinghouse when there is a violation.