Published on:

Drug Testing is Designed to Prevent Florida Truck Accidents

According to federal regulations, all truck drivers operating commercial vehicles that transport more than 16 passengers or that have a CGVWR greater than 26,000 or that are transporting hazardous materials must be tested for drugs and alcohol. Testing is overseen by the Department of Transportation (DOT) and the only drivers exempt are those that operate commercial vehicles on private property. Testing can help prevent Florida car accidents involving trucks and can help reduce the instances of Florida drunk driving accidents. There are six situations in which truck drivers may be tested:

1) As part of pre-employment screening. Federal regulations require that commercial truck drivers operating on a public road must be tested and must receive a negative result. Drivers who test positive generally must re-submit to testing and have difficulty securing employment.

2) After an accident. After an accident that results in a fatality as well as after any serious accident or traffic citation that results from any injury, commercial truck drivers must be tested. In these cases, the tests must be administered within 32 hours (for drug tests) or within 8 hours (for blood alcohol tests). These tests are designed to determine whether an accident was caused by DUI and can be used to determine the driver’s level of liability.

3) Random tests. Throughout the year, commercial truck drivers may be asked to take part in random drug tests. Drug tests may be administered even when a driver is off duty or at home. Drivers are subject to blood alcohol level tests during work or immediately after or before duty. Generally, once drivers are notified that they are being asked to submit to a random test, they must immediately go to the testing location for testing. Delays can be interpreted as a denial to take the test and denials to take part in random tests or any drug or alcohol testing is considered the same as testing positive under 49 CFR 40.191.

4) If there is reasonable suspicion of impairment. Drivers who appear to be abusing drugs or alcohol can be asked by DOT supervisors to submit to testing. This decision must be based on concrete evidence, such as odors, driver behavior, slurred speech, or the appearance of the truck driver.

5) If a driver has completed the “return-to-duty” process. If a driver refuses drug or alcohol testing or tests positive, he or she is required to complete a rigorous “return-to-duty” process, which includes testing or retesting.


If you have been injured in a Florida truck accident, contact the experienced legal team at the Flaxman Law Group to discuss your future and your options. Located in Homestead, Hollywood, and Miami, the Flaxman Law Group takes an active part in helping plaintiffs across South Florida. The Flaxman Law Group has not only helped thousands of injury victims in the area, but we also offer a free, no-obligation consultation which lets you discuss your case with our legal team. Call today to arrange your appointment.

Client Reviews

★★★★★
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
★★★★★
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
★★★★★
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
★★★★★
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
★★★★★
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol