DOT alcohol test.

None of us are perfect I make mistakes just getting out of bed! I would suggest saving that link I provided in my comment #25. Lots of GOOD information in there. Not only as it relates to Trucking, but other transportation testing!

 

That's the way it usually works. The driver's days off are his days off. Period.

 

This is clearly covered by 382.305 (m)
(m) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

This is also covered in the FMCSA FAQ!

Requirements While Not Performing Safety-Sensitive Functions: A CDL driver is selected for a random drug test and the employer directs the driver to be tested when he was (off duty) not performing a safety-sensitive function. The collection site instructs the driver to submit to a random drug test and a random alcohol test. The driver tests positive for the random alcohol test. Is the driver required to undergo the return-to-duty process before performing safety sensitive duties again as a result of the positive alcohol test?

No, 49 CFR 382.305(m) states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” As such, the test was improper. The driver does not have to complete the return-to-duty process. The employer must cancel the improper alcohol test, documenting for the record the circumstances resulting in the cancellation.

To this day there are still bone-headed safety critters that will tell a driver they have to go blow even off duty! I honestly, don't know what is worse. How some carriers misinterpret this regulation or the employment history and gaps found in part 391!

 

With the amount of truck drivers I see buying booze at truck stops I don't blame the companies. Some do not give a F about hiding it either.

 

I’ve been breathalyzed twice on my time off

 

I got hit with "blowing" once at a Company terminal and all I did was walk inside to speak to someone about payroll! The safety critter doing it said it doesn't matter if you are off duty you are on company property and I am testing you! There is no real harm that can come from "blowing" when you are off duty provided you have not been consuming alcohol. The "trick" to this however is once you leave the company property you really need to be 100% incommunicado with them until you return to duty!