Using drugs or alcohol during or prior to operating a vehicle is unsafe. All states ban certain levels of driving under the influence. They also ban truck drivers from engaging in these substances. What happens when a truck driver seems to be intoxicated? Consider the rules for drug and alcohol testing for Texas truck drivers and what it may mean if an intoxicated truck driver caused a preventable wreck.
Drug and Alcohol Laws for Texas Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) covers all drug and alcohol testing of commercial driver’s license holders across the country. In Texas, drivers must have a commercial driver’s license (CDL) if they are operating a vehicle that weighs more than 26,000 pounds or one that is designed to carry 16 or more people, including the driver. They also must have a CDL if they are transporting hazardous materials.
The FMCSA drug and alcohol testing program aims to keep everyone on the roads safe by ensuring drivers are always operating these trucks sober. Here are some of the most important elements of this program.
BAC Concentration
The law requires that all CDL holders not operate a vehicle or perform other safety-sensitive tasks related to their job if they have a blood alcohol concentration (BAC) of 0.04 percent or higher, while using alcohol, or within four hours of using alcohol. Note this is much lower than what is expected of passenger vehicle drivers.
Refusing to Test
Suppose a truck driver is asked by police to undergo a test for suspicion of intoxication and refuses to submit to it. In that case, they are prohibited from performing any driving or safety-sensitive tasks. They are also prohibited from performing such duties within eight hours after an accident or until they are tested, whichever occurs first.
Testing Requirements
In addition to these steps, alcohol and drug tests are conducted throughout the driver’s employment. There are several key times when such tests may occur:
- Pre-employment: A driver must undergo a test before conducting any work for the company.
- Post-accident: If a fatal accident occurs or an accident results in a citation for a moving violation, a test must be conducted.
- Reasonable suspicion: All truck drivers must submit a test when there is a reasonable suspicion, either by their supervisor or a company official. The supervisor or company official must have completed training on how to recognize the signs of substance abuse. Suspicion may include changes in behavior, speech, appearance, hygiene, or observations.
- Random testing: Truck drivers are also subjected to random testing, which involves unannounced tests conducted before, during, or after they are driving or engaging in safety-sensitive tasks. Every driver has an equal chance of being selected.
- Return to work: In addition to these times, if a driver violates these rules and policies at any time in the past, they must complete a test. Additionally, for the next 12 months, at least six unannounced follow-up tests will be performed.
Alcohol and drug testing is expected of truck drivers. If they refuse, they lose their right to drive.
How Our Legal Team Can Help
At The Doan Law Firm, our truck accident lawyer can help you build your case and find the evidence to support your suspicions about intoxication. Contact our truck accident lawyer now for a free consultation.