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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Self-Admission of Alcohol Abuse Off-duty: A driver self admits to a company official they are abusing alcohol off-duty only. Is this a violation of part 382, and does this trigger a DOT SAP evaluation?

Guidance on the consequences of a driver’s the self-admission of off-duty alcohol abuse.

Question

Self-Admission of Alcohol Abuse Off-duty: A driver self admits to a company official they are abusing alcohol off-duty only. Is this a violation of part 382, and does this trigger a DOT SAP evaluation?

Answer

No. If the driver admits only off-duty alcohol abuse, the motor carrier may require the driver to undergo a medical evaluation pursuant to § 391.45(c). If the medical examiner (ME) determines the driver has a current diagnosis of alcoholism, the ME will determine that the driver is not physically qualified to operate a CMV, under 49 CFR § 391.41(b)(13). In order for the driver to be considered for re-certification, the driver will have to successfully complete an employee assistance program and demonstrate they do not have a current diagnosis of alcoholism. This determination should be made by a qualified medical examiner.

Regulatory Topic: Guidance on the consequences of a driver’s the self-admission of off-duty alcohol abuse.
Effective Date: Thursday, March 31, 2016
Issued Date: Thursday, March 31, 2016