CDL Reinstatement After Drug Test Failure

How to Regain Your CDL After a Drug Test Failure

Losing your Commercial Driver's License (CDL) due to a failed drug test can feel like a major setback, especially if driving is your livelihood. However, with the right steps, you can work towards regaining your license and getting back on the road. This guide will walk you through the process and requirements for reinstating your CDL after it has been revoked due to a positive drug test.

Step 1: Understand the Consequences of a Failed Drug Test

When a CDL holder fails a drug or alcohol test, it is not just the CDL that is impacted; your entire driving career can be temporarily on hold. The Department of Transportation (DOT) mandates that CDL holders who fail drug tests must complete a series of steps before they can return to work.

Key points:

- Immediate suspension of your CDL

- Entry into the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse

- Notification to your employer and possible termination

Step 2: Complete the Return-to-Duty Process

The Return-to-Duty (RTD) process is mandatory for any CDL holder who has failed a drug test. This process includes several steps:

Substance Abuse Professional (SAP) Evaluation

You are required to undergo an evaluation with a certified Substance Abuse Professional (SAP). The SAP will assess your situation and design a treatment plan that must be completed before you can return to duty.

Treatment Program

Depending on the SAP’s evaluation, you may need to complete a drug or alcohol education program, treatment, or counseling. This will vary based on your assessment, but it’s a critical part of demonstrating your commitment to safety and compliance.

Follow-Up Evaluation

After completing the treatment program, you’ll meet with the SAP again for a follow-up evaluation. This step ensures that you have successfully completed the program and are ready to return to the workforce.

Step 3: Pass the Return-to-Duty Drug Test

Once the SAP gives you the green light, you’ll need to pass a Return-to-Duty drug test. This is typically a urine test, and passing it is required to prove that you are free of any substances.

Step 4: Clearinghouse Requirements

The FMCSA Drug and Alcohol Clearinghouse plays a significant role in your return to work. Your employer will need to report your failed test, SAP assessment, and successful completion of the Return-to-Duty test to the Clearinghouse. Additionally, they must conduct a Clearinghouse query to ensure your eligibility before rehiring you.

Step 5: Complete Follow-Up Testing

Even after regaining your CDL, you will be subject to unannounced follow-up testing for a certain period of time. The SAP will determine the frequency of these tests, which can last for up to five years. These tests are designed to ensure that you remain drug- and alcohol-free once you return to duty.

Step 6: Reapply for CDL Reinstatement

After completing the necessary steps with your SAP and successfully passing the Return-to-Duty test, you can apply for CDL reinstatement. This process varies by state, but you’ll typically need to:

- Submit documentation proving completion of the SAP process

- Pay any fees associated with reinstating your CDL

- Provide proof of the Return-to-Duty test results

Step 7: Getting Back on the Road

After reinstating your CDL, you’ll be able to return to work. It’s important to remember that staying compliant with DOT regulations is essential to maintaining your license moving forward. You will need to continue passing all required follow-up drug tests and remain in good standing with your employer and the FMCSA Clearinghouse.

Getting your CDL back after a failed drug test is not easy, but it is possible. By following the steps outlined in this guide, from the SAP evaluation to passing follow-up tests, you can regain your license and get back on the road. Remember, staying drug-free and compliant with DOT regulations is the key to keeping your CDL and maintaining your driving career.