• Under FMCSA regulations, drivers must remain available for alcohol and drug tests for specific periods of time.
• Refusal to test is the same as testing positive.

Alcohol: A driver who is subject to post-accident testing must remain available for testing and refrain from consuming alcohol for up to eight hours after the accident or until the person submits an alcohol test, whichever occurs first. If the driver doesn’t do these things, the employer may consider the individual to have refused to submit to testing, which is the same as testing positive

• If the driver has not submitted to an alcohol test within two hours, the employer should continue attempts to administer the test for up to eight hours and prepare and maintain a record stating the reason a test was not promptly administered.
• If the driver has not submitted to an alcohol test within eight hours, the employer should stop attempts to administer the test and prepare and maintain the record described above.

Drugs: As noted, a driver who is subject to post-accident testing must remain available for drug testing for 32 hours following the crash, or the employer may consider the driver to have refused to submit to testing.

• If a driver has not submitted to a drug test within 32 hours of the accident, the employer must stop attempts to administer the test, and prepare and maintain a record stating the reasons why.