Federal regulations require alcohol testing within 8 hours and controlled substances testing within 32 hours after a qualifying accident. Qualifying events include any fatality, and injury requiring immediate treatment away from the scene or disabling damage where the driver receives a citation.
If testing is not conducted within the windows, the carrier must document why, and the attempt record itself becomes part of the file.
Alternative Names:
Post-Crash Drug Testing, Post-Accident Drug and Alcohol Test
Why it Matters?
Whether testing occurred, and how quickly, is among the first questions in any serious trucking case. A missed test creates an evidentiary vacuum that plaintiff counsel will fill with argument, and courts in some jurisdictions permit an adverse inference. This is a core element of any rapid response protocol, and it must be executed by the carrier within hours of the crash, long before counsel is typically engaged.
Frequently Confused with
Related terms
Frequently asked questions
What are the testing deadlines after a crash?
What happens if the test is never conducted?
