When is a commercial truck driver required to take a post-accident drug test under federal law?
Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Million Dollar Advocates Forum member · Reviewed 10 November 2026
Under federal safety regulations (49 C.F.R. § 382.303), commercial drivers must undergo post-accident drug and alcohol testing if: 1. The crash involved a human fatality, 2. The driver received a moving violation citation and an injured person received immediate medical treatment away from the scene, or 3. The driver received a citation and any vehicle was towed. Alcohol testing must take place within two hours (and cannot exceed eight hours), while drug screening must occur within 32 hours. At The Altman Law Firm, Jeffrey S. Altman promptly subpoenas testing results and chain-of-custody documentation to determine whether a driver was impaired.