Refusing a drug or alcohol test is among the prohibitions listed in Subpart B of Part 382 of the Federal Motor Carrier Safety Regulations. If a driver refuses a drug or alcohol test, the carrier must treat the driver the same as if they failed the test. This includes immediately removing the driver from safety-sensitive functions (such as driving) and advising the driver of resources available for evaluating and resolving alcohol and drug problems.
The refusal to test is reported to the CDL Drug and Alcohol Clearinghouse.
Before the driver may drive again, they must be evaluated by a substance abuse professional, complete the prescribed treatment/counseling, and pass a return-to-duty drug and/or alcohol test. In the year following the driver’s return to duty, they must be given at least six follow-up tests.