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When a driver is arrested for an off-duty DUI, our company policy is to suspend pending the result of a conviction. Are we violating any law?

RegSenseDrug and Alcohol TestingDrug and alcohol policy - Motor CarrierDrug Free WorkplaceDrug and Alcohol Testing - DOTTransportationHR ManagementEnglishHuman ResourcesDiscriminationFleet SafetyDiscriminationHR GeneralistBest ResultsFAQFocus AreaUSA

If an off-duty driver is arrested in a personal vehicle, or in a commercial motor vehicle that does not require a CDL, this is NOT a violation under the DOT drug testing regulations (Part 382). It is strictly a licensing issue. As long as the driver still has a license, your action must be considered in light of federal and state employment laws.

On the federal side, the Equal Employment Opportunity Commission (EEOC) states that arrests do not establish that criminal conduct has occurred and should not be grounds for discipline. However, the EEOC does make concessions when the evidence leading to the arrest proves that misconduct has occurred and is job related. When a driver is arrested for a DUI, that could be the case, and suspension would be allowed.

State laws relating to use of arrest records in employment actions should also be considered.

['Discrimination', 'Drug and Alcohol Testing', 'Drug and Alcohol Testing - DOT']
['Discrimination', 'Drug and alcohol policy - Motor Carrier', 'Drug Free Workplace']
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