• Several drivers’ actions can qualify as refusing to submit to an alcohol or drug test.

Refusing to submit to an alcohol or drug test means that a driver:

1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a third-party test administrator (C/TPA).
2. Fails to remain at the testing site until the testing process is complete. An employee who leaves the testing site before a pre-employment test has begun is not deemed to have refused to test.
3. Fails to provide a specimen for any drug test required by Part 382 or Department of Transportation (DOT) agency regulations. An employee who does not provide a specimen because the person has left the testing site before the testing process began for a pre-employment test is not deemed to have refused to test.
4. In the case of a directly observed or monitored urine collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen.
5. Fails to provide a sufficient amount of specimen when directed, and a medical evaluation determines that there was no adequate medical explanation for the failure.
6. Fails or declines to take a second test the employer or collector has directed the driver to take.
7. Fails to undergo a medical examination or evaluation, as directed by the medical review officer, as part of the verification process, or as directed by the designated employer representative under 40.193(c). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test.
8. Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector, fails to remove objects from the mouth, fails to permit inspection of the oral cavity, or fails to complete a rinse when requested).
9. For an observed urine collection, fails to follow the observer’s instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if the driver has any type of prosthetic or other device that could be used to interfere with the collection process.
10. Possesses or wears a prosthetic or other device that could be used to interfere with the collection process.
11. Admits to the collector or medical review officer to adulterating or substituting the specimen.