DOT Post-Accident Drug and Alcohol Testing (49 CFR 382.303)
After a crash, you may have to test your driver for drugs and alcohol. Whether you must test depends on what happened and whether your driver got a ticket. The clock starts at the accident, so decide fast and write it down.
Updated September 28, 2026 · Checked against the federal regulations
When a post-accident test is required
The rule covers accidents with a commercial motor vehicle on a public road in commerce. Test each surviving driver who fits one of these cases:
- Someone died: test the driver, whether or not the driver got a ticket.
- Someone was hurt and got medical treatment away from the scene right away, AND your driver got a ticket for a moving violation from the accident: test.
- A vehicle had disabling damage and had to be towed away, AND your driver got a ticket for a moving violation from the accident: test.
- Injury or tow-away with no ticket to your driver: no DOT test is required.
Ticket timing matters
For the alcohol test, the ticket counts if it is issued within 8 hours of the accident. For the drug test, it counts if it is issued within 32 hours.
"Disabling damage" means the vehicle cannot leave the scene in its usual way in daylight after simple repairs.
Time limits for testing
Test as soon as practicable. But there are hard limits:
- Alcohol, 2 hours: If the test is not done within 2 hours, write down why and keep it on file.
- Alcohol, 8 hours: If the test is not done within 8 hours, stop trying. Write down why and keep it on file.
- Drugs, 32 hours: If the test is not done within 32 hours, stop trying. Write down why and keep it on file.
What to do if you can't test in time
Stop trying once the time limit passes. Then prepare a record that explains why the test was not done promptly. Keep it on file and give it to FMCSA if asked. Also keep any documents on how you decided whether a post-accident test was needed.
A breath or blood alcohol test or a urine drug test done by police or other officials with their own authority can count. It must meet the rules that apply to it, and you must get the results.
What the driver must do
The driver must stay readily available for testing. If not, the employer may treat it as a refusal. The driver also must not drink alcohol for 8 hours after the accident, or until the alcohol test is done, whichever comes first.
Getting medical care for injured people comes first. The driver may leave the scene to get help or to get emergency medical care.
Prepare your drivers ahead of time
You must give drivers post-accident information, procedures, and instructions before they drive. A simple card in the cab with who to call and what to do works well.
The rule does not apply to accidents that only involve getting on or off a parked vehicle, or only loading or unloading cargo.
Pact Compliance, a C/TPA registered in the FMCSA Clearinghouse, helps small fleets and owner-operators manage DOT drug and alcohol testing.
Common questions
Is a DOT post-accident test required if my driver was not at fault?
If someone died, yes. The driver must be tested whether or not a ticket was issued. For injury or tow-away crashes, a test is required only if your driver got a ticket for a moving violation from the accident.
How long do I have to do a post-accident drug test?
Up to 32 hours. If it is not done by then, stop trying and write down why.
How long do I have to do a post-accident alcohol test?
Try within 2 hours. If you pass 2 hours, document why. If you reach 8 hours, stop trying and document why.
Does a police blood or breath test count?
It can. A test done by police or other officials with independent authority counts if it meets the rules that apply to it and you get the results.
Can the driver drink after the accident?
No. The driver must not use alcohol for 8 hours after the accident, or until the post-accident alcohol test is done, whichever comes first.
What if the driver doesn't stay available for the test?
A driver who does not remain readily available may be treated by the employer as refusing to test.
Sources
- 49 CFR 382.303 – Post-accident testing
- 49 CFR 382.209 – Alcohol use following an accident
- 49 CFR 382.107 – Definitions
- 49 CFR 382.401 – Retention of records