While more than a quarter of all drivers killed in passenger vehicle crashes in Indiana are found to have been legally drunk or impaired by drugs, the rate of alcohol and illicit drug use among commercial truck drivers is much lower.
The latest statistics from the Federal Motor Carrier Safety Administration (FMCSA) say that among 4,778 truckers involved in fatal accidents in 2020, only 3.9% had a blood alcohol concentration (BAC) of 0.01 or more, and only 2.8% had a BAC of 0.08%. FMCSA rules make it illegal for a commercial truck driver to get behind the wheel with a BAC of 0.04% or more.
In Indiana in 2020, state statistics show that 25.9% of all noncommercial drivers involved in fatal crashes were later found to have blood alcohol concentrations of 0.08% or more, indicating they were legally impaired. Among them, 34.4% of pickup truck drivers and 25% of passenger car drivers were legally drunk while driving.
Why do so few truck drivers drink and drive or consume drugs when driving? It’s because they are strictly tested and can lose their commercial driver’s license and their livelihood if found to be drinking or drugging while operating a large commercial truck.
Alcohol and Drug Testing Procedures for Truckers in Indiana
The FMCSA requires all drivers who operate a commercial motor vehicle (CMV) for which they must maintain a commercial driver’s license (CDL) to be subject to the agency’s drug and alcohol testing.
In addition to alcohol, the examination tests for:
- Marijuana
- Cocaine
- Opiates — opium and codeine derivatives
- Amphetamines and methamphetamines
- Phencyclidine (PCP).
The United States Department of Transportation uses urinalysis for alcohol and drug testing. When directed to do so, commercial drivers are given three hours to produce a urine specimen at an official collection site. A lab reports the test results to a medical review officer (MRO).
When there is a positive result, the MRO will ask the truck driver whether there are circumstances that explain the positive result. If there is no acceptable explanation, the MRO will report a positive result to the driver’s employer.
A truck driver who tests positive for drugs has a BAC of .04 or more or refuses to submit to testing will be immediately removed from operating any commercial motor vehicle on public roads. The employer must provide the driver with a list of acceptable substance abuse professionals (SAPs) to begin the return-to-duty rehabilitation process.
Commercial drivers are subject to the following:
- Pre-employment testing. New drivers must record a negative drug test before an employer can permit them to operate a truck on a public road. Employers can only test new drivers for alcohol use if all of their CDL drivers are tested.
- Post-accident testing. Drivers must be drug and alcohol tested if they are involved in a fatal accident or receive a citation resulting from an accident that causes injury or disables a vehicle. Alcohol testing must occur within 8 hours. Drug testing must occur within 32 hours.
- Random testing. Truckers are subject to unannounced random alcohol testing when they are on duty or immediately before or after work shifts. When told to report for random testing, a driver must immediately report to the testing location. A delayed arrival may be considered equivalent to testing positive.
- Reasonable suspicion testing. DOT-trained supervisors can require a driver to be tested whenever the driver exhibits signs of drug or alcohol abuse. Observations of the driver’s appearance, behavior, speech, or body odors may trigger a test.
- Return-to-duty testing. A driver who has had a positive drug or alcohol test and has completed return-to-duty rehab must be tested for alcohol or drug use before being permitted to drive a truck.
- Follow-up testing. The substance abuse professional who signs a driver’s return-to-duty report may require as few as six unannounced directly observed tests during the first 12 months following the return-to-duty test or as much as five years of follow-up testing for drivers who have tested “positive” or “refused to test.” Follow-up testing is in addition to any random testing.
In Indiana, state employees who are required to maintain CDLs are subjected to a state-administered program that encompasses pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug testing.
Get Legal Help From an Experienced Indianapolis Truck Accident Attorney Near You
Federal statistics show that more than 130 truckers involved in fatal accidents in 2020 were impaired by alcohol consumption. Drinking and drug use are among several common causes of truck accidents in Indiana.
If you have been injured in a truck accident that was not your fault, the truck accident lawyers at Craig, Kelley & Faultless LLC in Indianapolis know how to demonstrate responsibility for semi and tractor-trailer collisions. We have helped many victims of large truck crashes in Indiana recover compensation for their medical bills and other losses. Contact us today by calling (317) 545-1760 or fill out our online form, and let us explain how we can help you.