what if you can't make the DOT random drug test?

With a few exceptions going all the way back to the early 90s my testing was hit and miss. I could go for 2 or 3 years and never get called. Then once called I would go through as many as 3 testing periods and get called every month to go test. It's just the luck of the draw if you get called or not. Because after the testing period is over ALL names go back into the pool of drivers.

 

I was called by the drug consortium. It was 5 hours before I made it to the drug test. I was told I have 24 hours to make it to a site to test. Was tested about 2 weeks later(this happened about a month ago) and was told the same thing..24 hours.

 

A friend of mine got called off duty at home on his day off and was required to blow along with the urine sample.
He failed the breathalyzer with a 03 , and was terminated , ruined his career.

 

He should of refused the alcohol test, and even took it court if necessary. It's illegal to do an alcohol test unless on duty, or right before or right after one's shift.

If he truly was home, then he actually has a case against the ex employer.

 

should have been invalidated, BAC testing is to be conducted within a narrow time window at the beginning -or- end of the workday...

I don't know where the two hour idea came from.

the only strict timeline is under a Post-Accident situation where you cease attempting to get a BAC after 8 hours and stop trying for a urine test after 32 hours AND that need to be documented as to why not.

Found out I had one during my audit. terminal completed the clinic form asking for a Post accident BAC and pee test and I missed the fact that the BAC wasn't performed...I was too busy firing the guy for testing positive for cocaine after rear ending 6 autos including someone with spinal fusion....think it was around a $600,000.00 claim...and the auditor caught it. We dredged up a copy of the clinic form requesting the BAC so the ONLY charged us $6,000.00 and had me write a letter to include in the file so it couldn't happen again!

 

This friend might not have any legal options. When off duty the carrier is supposed to place another driver in that slot. You NEVER EVER blow when off duty. After the fact is the worst of all possible times to get hit with a positive Breath test.

 

You did make so there is no issue. As far as hours of service, if you can not legally make it within the HOS, then no its not refusal . There is no random drug test exception. If it were close I would have told my dispatcher it needed to be rescheduled for a different time, because of hos.

 

What happens if the driver comes from a legal use state or with a legal prescription? I know he can't work or use at all while working. But what about on vacation? Would the paid cdl schools still take that student? If he legally used Marijuana while on vacation, would he get fired even though he did nothing illegal?

 

@Sirrat007
First, never admit to using pot or any other drug, in your entire lifetime.
Always, be prepared for a urine & hair follicle drug test. If you test positive or refuse to test, or don't show up for a drug test; you're fired and good luck finding another driving job.
~
No drug use for CDL drivers is federal law, not state law.
Even if it's legal in your state to use pot, it's not legal for CDL drivers from that state.