Among the many federal and state regulations governing truck drivers' behavior are several that govern how often they must be tested for alcohol or drug use. Considering the damage an intoxicated driver can cause in a 40-ton truck, those tests are important for identifying them and keeping them off the road. So how often are truckers tested for drug and alcohol use?

Answer: Truck drivers are tested for intoxicant use before they're hired, after they're in accidents, and at random by their employers at least once a year.

The Rules

Each mandated test is described at length in the Code of Federal Regulations. The official wording of the rules about those tests can strike some as a little complex, so we summarized each rule.

Before Employment

Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition. . . .No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result indicating a verified negative test result for that driver.

49 CFR § 382.301(a)

Summary: If a company wants someone to perform work that could arguably hurt them or other people if done wrong, that employee has to successfully pass a toxicology screening. Some would-be truckers wash out at this early point when alcohol, illicit drugs, or certain prescription medications show up in their preliminary physical exam results.

Following an Accident

As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol/controlled substances for each of its surviving drivers.

49 CFR § 382.303

Summary: If a trucker crashes, one of the first needed steps is to find out whether they were under the influence of drugs or alcohol. However, the rules don't require a test after every accident, so the CFR includes a table of which types should be followed by one:

As you can see, depending on the circumstances and effects of a truck accident employers are often required by law to test their drivers for intoxication. Far from every accident is caused by impairment, but it's always best to know for certain. For safety's sake, any driver willing to operate a commercial vehicle under the influence should be removed from service.

Random Employer Screenings

. . . The minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions.

. . . The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions.

49 CFR § 382.305(b)

Summary: Realistically, employers can't and shouldn't wait until their driver causes a wreck before finding out he was intoxicated. Proactive screenings of their staff sometimes weed out drivers with substance problems, which means those employees can be removed from duty before they hurt or kill anyone.

Why This Matters to Truck Accident Victims

You may have noticed that the responsibility to conduct the drug tests for these drivers is on their employer. This is the same company that stands to lose big if their driver fails the test after having killed or injured someone. This conflict of interest is never good news for truck accident victims.

When an impaired trucker hurts or kills someone, the victims and their families may rightly feel some accountability is in order. That's never an easy battle, however, so they are best served by getting help from experienced attorneys. A good lawyer will investigate carefully, preserve the relevant evidence, and use it to build a strong case against the intoxicated trucker and his employer.

The truck accident lawyers at Grossman Law Offices have decades of experience litigating commercial vehicle crashes on behalf of people and families whose lives were changed forever by a trucker's negligence. If you were injured or lost a loved one in an accident with an intoxicated truck driver, call Grossman Law today for a free and confidential consultation.