UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, WHAT IS CONSIDERED REFUSAL OF A DRUG OR ALCOHOL TEST?

The FMCSA has identified 11 ways a driver can refuse to submit to an alcohol or drug test: (1) fails to show up to the test within a reasonable time after being told by the employer or third-party test administrator to take the test; (2) leaves the testing site before the test is completed; (3) does not provide a urine specimen for testing purposes; (4) does not permit the observation or monitoring when the driver is producing a specimen; (5) does not provide enough urine when asked and there was not an adequate medical explanation for the failure; (6) fails or declines to take a second test that the employer or collector has directed the driver to take; (7) does not allow a medical examination or evaluation as directed by the medical review officer; (8) does not cooperate with any part of the drug testing process; (9) fails to follow the observer’s instructing during an observed collection; (10) possesses or wears a prosthetic that could get in the way of the collection process; or (11) tells the collector or medical review officer that he or she adulterated or substituted the specimen.

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.