--- description: DC personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. discuss drug and alcohol trucking regulations. To discuss a truck wreck case, call for a free consult. title: Truck Driver Drug & Alcohol Testing | Truck Accident Lawyer in DC --- Truck Driver Drug & Alcohol Testing | Truck Accident Lawyer in DC # Drug & Alcohol Testing for Commercial Drivers: Driver & Company Responsibilities Last Updated: September 4, 2024 Reading Time: 3 minutes Trusted Content Legally Reviewed by Allan Siegel Updated 2 years ago [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » Drug & Alcohol Testing for Commercial Drivers: Driver & Company Responsibilities What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $18.8 Million Car Crash $2 Million Car Crash $1.9 Million Car Crash $1.37 Million Car Crash $1.1 Million Car Crash $1 Million Car Crash [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) They were adamant about getting me the best settlement. Torkwase Akinalana Car Accidents Proved to be the perfect advocate Michael Bizik Car Accidents I highly recommend the law firm of Chaikin, Sherman, Cammarata, and Siegel P.C. Anna Pastel-Powell Car Crash Mr. Siegel’s strong conviction, dedication, and determination prevailed in a legal victory. Gail Payne Car Accidents I knew I was in good hands once I stepped into their office. Gladys Ibeh Car Accidents They treated me like I was their only client, from beginning to end. Joy Lopez Car Accidents Contact Us Today! "*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Watch our attorneys explain how they fight for car accident victims across DC, Maryland, and Virginia. With over $1 billion recovered, our team knows how to build a winning case — from investigation through trial. Video Transcript **Speakers:** Ira Sherman, Joseph Cammarata, Stephen Ollar, Allan Siegel **Ira Sherman (00:02):** I would say that Chaikin, Sherman, Cammarata and Siegel has a completely different outlook on cases that other people think are garden variety automobile accidents, because to the person who is involved in that accident, that’s not garden variety, that’s altering their life. **Joseph Cammarata (00:21):** First of all, we don’t advertise. People come to us by word of mouth, either from defense lawyers, from insurance companies, from colleagues at the bar. They know that we have decades of experience in the personal injury field. They know that what we bring to bear is a group of lawyers that work and non-lawyers that work as a team to make sure we understand what the nature and the extent of the injury is. We make sure we understand and can express to a third party just what those injuries are, and we work to obtain the most compensation that we can for an individual. **Stephen Ollar (01:04):** What we do a lot of is discovery, not just discovery of the facts of the case, but discovery about insurance. It may be that the individual was operating the vehicle for an employer, and if they were acting with what we call the course and scope of their employment, then there could be potentially additional coverage that would cover a person for those injuries. **Allan Siegel (01:27):** We’ve been handling car accident cases since Don Chaikin founded this firm over 50 years ago. Since we spend a lot of time and we have a lot of those cases, we have developed a level of experience and knowledge that I think is very unique in our field. There aren’t many law firms who can say that they’ve been doing this type of work for over 50 years. **Ira Sherman (01:52):** I care enough to look to determine who this person is and how it affected them, and that takes up a lot of my conversation with our clients. In a [recent blog](https://www.chaikinandsherman.com/blog/2017/12/trucker-health-certifications-ensuring-commercial-drivers-are-fit-for-duty/), we discussed federally mandated medical exams that are designed to ensure[ truck and bus drivers ](https://www.chaikinandsherman.com/2010/05/miscellaneous-rules-for-tractor-trailer-operators/)with Commercial Driver’s Licenses (CDLs) are fit and healthy enough to [operate commercial vehicles](https://www.chaikinandsherman.com/2016/09/federal-regulators-propose-limiting-the-speed-of-commercial-trucks/). As we mentioned, ensuring drivers do not have medical conditions that impact their ability to safely control large vehicles, which can transport both cargo and people, is critical to public safety. In the same vein, ensuring those drivers do not have substance abuse problems or take medications that increase their crash risks is equally important. Both the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation (DOT) require CDL holders and employers to[ abide by drug and alcohol testing](https://www.chaikinandsherman.com/2017/12/trucker-health-certifications-ensuring-commercial-drivers-are-fit-for-duty/) regulations. These rules establish procedures for testing, how often tests must be performed, and the substances tested for. The following are all subject to these rules: - Employers of CDL holders - CDL drivers who operate on public roads - Interstate and intrastate commercial vehicles - Local, state, and federal governments (i.e. public transit) - Civic organizations ### What do tests identify? Under drug and alcohol testing rules, drivers are tested for substances that can negatively impact their ability to safely operate motor vehicles, including: - Alcohol (.04 BAC or greater) - Marijuana - Cocaine - Opiates - Amphetamines and methamphetamine - Phencyclidine (PCP) CDL drivers are generally allowed to use prescription medications and over-the-counter drugs provided that they meet requirements, including having a valid prescription, using the prescribed dosage, and using them reasonably in relation to their duties. There are exceptions, however, where the type of medication may be prohibited. Ultimately, drivers have a duty to ensure that if and when they do take medications, they do so lawfully, reasonably, and in a way that does not endanger others. ### When are tests performed? Employers, including trucking companies and commercial bus operators, have a duty to appropriately test drivers as conditions of hiring and continued employment, as well as during other various times: - **Hiring** – Employers may only hire and allow a CDL driver to operate commercial vehicles when they receive negative drug tests prior to employment. - **After an accident** – Commercial drivers must be tested for drugs and alcohol after accidents involving death, injuries resulting in immediate medical treatment, and vehicle damage that requires a vehicle to be towed. - **Random testing** – Employers must randomly test CDL drivers for drugs and alcohol periodically throughout the year from a random testing selection pool. - **Reasonable suspicion** – Employers have a duty to immediately test CDL drivers who appear to be under the influence of alcohol or drugs. - **Returning to duty** – Drivers who have previously tested positive, refused a test, or committed other testing violations must be tested, while observed, before they resume driving duties. These drivers must also be tested regularly during observed follow-ups, at a minimum of 6 times per year, for as many as four years. As accident lawyers who have handled numerous [truck accident](https://www.chaikinandsherman.com/truck-accidents/), [bus accident](https://www.chaikinandsherman.com/bus-accidents/), and commercial vehicle accident cases across the DC metro area, our legal team understands that drug and alcohol issues should always be explored following injury-causing accidents. When there is evidence to support a driver was under the influence, that employers failed in some way to adequately monitor and test drivers using controlled substances or medications, or that they failed to respond appropriately when required by law, we work diligently to highlight negligence and hold the appropriate parties accountable for their failures. Assessing drug and alcohol issues, as well as any other safety violations, is a critical part of handling personal injury and [wrongful death](https://www.chaikinandsherman.com/wrongful-death/) claims arising from commercial vehicle wrecks. It is also a task that demands meticulous investigation, an understanding of rules and regulations, and the insight needed to establish when negligence takes place. Chaikin, Sherman, Cammarata & Siegel, P.C. is readily available to help victims explore their rights, the cause of their accidents, and potential liability after being harmed through no fault of their own. If you have questions about a possible case, [contact us](https://www.chaikinandsherman.com/contact-us/) for a FREE consultation. [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. Speak to a Specialist Visit Us in Person 1232 17th St NW Washington, DC 20036 The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including [Virginia](https://www.chaikinandsherman.com/car-accidents/virginia/) ([Northern Virginia car accident cases](https://www.chaikinandsherman.com/car-accidents/northern-virginia/), [Arlington](https://www.chaikinandsherman.com/car-accidents/auto-accident-attorneys-in-arlington-va/), [Fairfax County auto accident claims](https://www.chaikinandsherman.com/car-accidents/fairfax/), [Woodbridge](https://www.chaikinandsherman.com/car-accidents/woodbridge-va/), [Manassas](https://www.chaikinandsherman.com/car-accidents/manassas-va/), and [Alexandria](https://www.chaikinandsherman.com/car-accidents/alexandria/)) and Maryland ([Bethesda](https://www.chaikinandsherman.com/car-accidents/bethesda/), [Hyattsville](https://www.chaikinandsherman.com/car-accidents/hyattsville/), [Rockville](https://www.chaikinandsherman.com/car-accidents/rockville/), Lau Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. READ OUR E-BOOK Meet Our Team Learn More About Us Ira Sherman Partner Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. Ira Sherman's Bio Joseph Cammarata Partner Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. Joe Cammarata's Bio Allan M. Siegel​ Partner Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. Allan Siegel's Bio Stephen Ollar Partner Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a *Super Lawyers Rising Star* from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. 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