Truck Driver Drug and Alcohol Laws

Too many preventable truck accidents are occurring everyday in Michigan, resulting in catastrophic injury or death. The most tragic are caused by truck drivers under the influence of alcohol or drugs while behind the wheel. Our truck accident lawyers have provided the following overview of the Federal Motor Carrier Safety Administration (FMCSA) alcohol and drug testing rules for truck drivers who are required to obtain a commercial driver's license (CDL).

Who is subject to FMCSA drug and alcohol rules?

• Anyone who owns or leases commercial trucks;
• Anyone who assigns drivers to operate commercial motor vehicles;
• Federal, state and local governments;
• For-hire motor carriers;
• Private motor carriers; and
• Civic organizations and churches.

What kind of alcohol-related conduct is prohibited? Performance of safety-sensitive functions is prohibited:

• While using alcohol;
• While having a breath alcohol concentration of 0.04 percent or more, as indicated by a breathalyzer test; and
• Within four hours after drinking alcohol.

What alcohol tests are required for commercial truck drivers in Michigan?

• Post accident -- conducted following accidents on truck drivers who could have contributed, and for all fatal accidents;
• Reasonable suspicion -- conducted when a supervisor or company official observes semi-truck driver behavior that indicates alcohol misuse;
• Random -- conducted on a random, unannounced basis before, during or after performance of safety-sensitive functions; and
• Return-to-duty and follow-up -- conducted when a tractor-trailer driver who has violated the alcohol conduct standards returns to performance of safety sensitive duties.

What drugs are tested for in urine samples?

• Marijuana,
• Cocaine,
• Amphetamines,
• Opiates (including heroin), and
• Phencyclidine.

Who conducts testing on truck drivers?
Employers. They are responsible for being trained to administer the testing programs as well as administering and implementing them. Law enforcement officers are not to conduct the tests as part of roadside inspections. But under certain circumstances, post-truck accident tests by law enforcement are acceptable.

What are the consequences of Michigan truck drivers abusing alcohol?
Truck drivers who engage in prohibited alcohol conduct must be immediately removed from their duties and can't return until they have been evaluated by a substance abuse professional, and have complied with treatment recommendations to help them with an alcohol abuse problem.

How will Michigan semi-truck drivers learn about the new rules?
Employers must provide detailed information about alcohol misuse, the employers' policy, testing requirements as well as how and where truck drivers can get help for alcoholism.

How does the FMCSA know if drug and alcohol regulations are being followed by truck drivers?
Truck driver employers are required to keep detailed records of their alcohol misuse prevention programs. The FMCSA conducts inspections and audits of these programs. In addition, selected employers must prepare annual summary reports for the FMCSA. These reports help monitor compliance and enforcement of the rules as well as provide data on the extent of alcohol misuse and the need for any future program and regulatory changes.

If you have been injured in a truck accident involving a driver you suspect was intoxicated, please call a truck accident lawyer at Michigan Auto Law for a free, no obligation consultation at (800) 777-0028. Or fill out our contact form. We will promptly begin a legal investigation into your case and do everything we can to protect your rights.

Our Michigan truck accident lawyers have helped enforce important truck regulations regarding drugs and alcohol to make Michigan roads safer. No other law firm in Michigan has received more jury verdicts or consistently higher settlements for truck accident cases. In fact, the vast majority of our wrongful death and personal injury cases from truck accidents are referred to us by local attorneys, based upon our record of experience and success.