Need Help - Failed DOT Drug Test

Discussion in 'Trucking Industry Regulations' started by Donna E, Nov 23, 2012.

  1. Donna E

    Donna E Bobtail Member

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    I got my CDL Class A earlier this year in Washington State, but decided to apply for a local Class B job so I could stay home for the holidays. @ months or so ago I got called to go to an orientation & took a drug test. Then during the orientation I decided to decline the job offer due to the low pay.

    I recently got on with a major trucking company, completed my drug test & obtained my medical card. I am now out of state with a mentor. I just received notice by mail that my CDL has been disqualified due to a failed drug test. This was the test I took for this other company as I passed the drug test thru my current employer. I don't do drugs, never have. I have been driving for over 20 years, just not cdl jobs. And I have been taking drug tests for at least 20 years with no problem. The letter states I have until 12-31-12 to turn in my license. I plan on continuing my training as I should be done by Christmas.

    So what are my options? The letter states I can request a hearing & hire an attorney if I choose to do so. I have looked on line & in the phone book and don't know what kind of attorney to hire. Any help would be appreciated.
    Donna
     
  2. nikmirbre

    nikmirbre Road Train Member

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    Wow, thats a first!!! Sounds like u need an attorney.
     
    Last edited: Nov 23, 2012
  3. flyspy

    flyspy Bobtail Member

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    I'd start with the attorneys that can help with traffic court. I'd ask questions about their experience with these types of issues. If they aren't willing to take on your case, then I'd ask who they recommend. I would also get all of the documentation regarding the the failed drug test and your negative results with your current company, but a competent attorney should be able to help you with that. That's what I'd do if I were in your shoes.
     
  4. Rugerfan

    Rugerfan Road Train Member

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    If you failed it the testing lab would have to call you and talk to you about it first. maybe they are saying you refused it? otherwise if you failed it they would of called you in 72 hours or less.
     
  5. ralph

    ralph Road Train Member

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    This isn't passing the "smell test" is it?
     
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  6. Donna E

    Donna E Bobtail Member

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    I did take the drug test, didn't refuse. I did get a message from the clinic, but they referred to this other company & I declined the job offer, so I never called them back. I never once thought it was because I failed the test. As I said, I have been taking drug tests for 20+ years with no problems. I took a drug test for CDL school, then for another company I was considering, then this one. Then I took another one for the company I'm working for now. I have not yet submitted my current medical card to the DOL. If I do, would it change anything? I have spoken to 2 different attorney's that say they know nothing about DOT laws.
    Donna
     
  7. brsims

    brsims Road Train Member

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    I hope you kept the paperwork you recieved upon submitting the "materials" for the drug test...You will need a lawyer and to subpeona the drug lab's records...there is a possibility that we have a case of either incompetence or negligence on the part of the lab that did the testing. Either the results were recorded incorrectly, or the results of your test and the results of a failed test were transposed.

    Get a lawyer, and get on this immediately. Failure to deal with this situation will destroy your nascent career. One failed drug test is the absolute end of trucking for anyone.
     
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  8. Rugerfan

    Rugerfan Road Train Member

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    whatever you do listen to the post above me. one failed test and kiss your career goodbye. did the clinic tell you what you failed it for? find out what the positive test was for and then fight fight fight ....
     
  9. Donna E

    Donna E Bobtail Member

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    I didn't get any paperwork from the lab where I failed my test. I showed up for an job orientation, was sent to a lab to do a drug test & then went back to the orientation. I then decided to not accept the job due to the low wage. So would the attorney need to subpeona the lab records?
     
  10. d281833

    d281833 Medium Load Member

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    Go to Driver's Legal Plan website. Jim Klepper is a trucking attorney who is on SiriusXM road Dog Trucking channel and he seems to know what he's talking about. Maybe they can steer you in the right direction.
     
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