What Happens If I Refuse to Take a DOT Drug Test?

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A Department of Transportation (DOT) drug test can occur during many points of employment. While failing a DOT drug test is a widely discussed topic, refusing to take one is much less commonly addressed. Will a DOT drug test refusal cost an individual their job, or can they simply retake the test in the future? This article will discuss what happens after a DOT drug test refusal.

What Is Considered a Refusal to Test for a DOT Employee?

Saying no to a DOT drug test is the easiest way to refuse, but it is not the only way to refuse a DOT drug test. The DOT outlines several scenarios that count as refusal to test.[1] Here is a list of possible refusals:

• Not showing up for a drug collection or alcohol test after being directed to do so by the employer (including an owner-operator).
• Leaving the collection site before the test is complete.
• Not providing enough specimen during the drug collection.
• In the case of an observed urine collection, failing to permit the observation.
• Declining an additional drug test when requested by the employer or collector.
• Not abiding by the steps in the collection process, such as emptying pockets, washing hands, or removing objects from the mouth, etc.
• Not cooperating during any point of the DOT drug test and/or alcohol test.
• Wearing or possessing a prosthetic device that could be used to interfere with the collection process.
• Tampering with the collection.
• Admitting to falsifying the sample – i.e. telling your collector or MRO that you tampered with the specimen.

What About When a Job Applicant Refuses to Test?

In the case of a pre-employment DOT drug test, the process differs slightly. If a candidate fails to appear at the collection site or leaves before the collection begins, the DER does not consider this a refusal, as the DOT has clarified that a pre-employment drug test officially begins when the collection cup is handed to the employee or donor.[2] The DOT only counts a pre-employment refusal to test under the following circumstances:

Is a DOT Drug Test Refusal the Same as a Failed Drug Test?

Refusing to take a DOT drug test has the same consequences as failing a DOT drug test. Per DOT regulations, as soon as any refusal scenarios occur, the collection site reports the situation to the employer’s Designated Employer Representative (DER), who is responsible for making the final determination, based on the facts, as to whether a situation constitutes a refusal to test. The employer’s DER must carefully evaluate the circumstances to determine if the situation meets the criteria for a refusal to test.

If the situation is determined to be a refusal, the employer must immediately remove the donor/individual from all safety-sensitive job duties.[3] This rule applies equally to current employees and pre-employment candidates for DOT-covered positions. Each employer has a company policy that indicates whether to terminate an individual’s employment, allow for a second chance program, or allow an individual to perform non-safety sensitive work. Before returning to duty, the individual must successfully complete the Return-to-Duty (RTD) process with a qualified DOT Substance Abuse Professional (SAP). The DOT alcohol test refusal process varies slightly from the drug test refusal process.[4]

The Return to Duty Process after a DOT Drug Test Refusal

After refusing a DOT drug and/or alcohol test, it is essential to work with a qualified DOT SAP. First, the employee meets with a SAP for an evaluation. From there, the SAP provides a treatment and/or education plan to follow. Once those steps are complete, the employee has another meeting with the same SAP to determine if they are ready to return to work. When the SAP determines the DOT employee has successfully completed the process, their employer or future employer would send them for a RTD testing. The employee is required to successfully pass an observed return to duty DOT drug test before doing or returning to any safety-sensitive work.[5]

A Refusal to Test Becomes a Violation in the FMCSA Clearinghouse

Should a Federal Motor Carrier Safety Administration (FMCSA) covered employee refuse a DOT drug test, their employer or potential employer is required by DOT regulations to enter that as a violation into the FMCSA Clearinghouse. This violation would prompt the employee to have to complete the RTD process to return to safety-sensitive work. If the individual changes employment, this violation will follow them to their next employer and they will not be allowed to start work until the RTD process is complete. Read “Why Register for the FMCSA Clearinghouse” to learn more about the process.

American Substance Abuse Professionals, Inc. has a nationwide network covering the United States and its territories. ASAP has helped over 300,000 employees return back to work safely since 1997. If you’d like to schedule for appointment today with one of our Substance Abuse Professionals, call 888-792-2727 x177.

 

Copyright © ASAP – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of ASAP. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required.

 

Additional Reading:

Return to Duty: Employee’s Experiences with Successful DOT SAP Programs

 

[1] U.S. Department of Transportation. (n.d.). 49 CFR Part 40 Section 40.191: What is a refusal to take a DOT drug test, and what are the consequences? Office of Drug & Alcohol Policy & Compliance. Retrieved from https://www.transportation.gov/odapc/part40/40-191

[2]Electronic Code of Federal Regulations. 49 CFR §40.63 – What steps does the collector take in the collection process before the urine collection? (Current as of July 2025). Retrieved from https://www.ecfr.gov/current/title-49/subtitle-A/part-40/subpart-E/section-40.63#p-40.63(c).¹

[3] U.S. Department of Transportation. What if I fail or refuse a test? Federal Motor Carrier Safety Administration. Retrieved July 10, 2025 from https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test.

[4] U.S. Department of Transportation. (n.d.). 49 CFR Part 40 Section 40.261 – What is a refusal to take an alcohol test, and what are the consequences? Office of Drug & Alcohol Policy & Compliance. Retrieved July 10, 2025, from https://www.transportation.gov/odapc/part40/40-261

[5] U.S. Department of Transportation. 6.5.5 Return-to-Duty Process and Testing (Under Direct Observation). Federal Motor Carrier Safety Administration. Retrieved July 10, 2025 at https://csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=23&sec=70&sub=185.