A reasonable suspicion test stands or falls on what happened before it was ordered. Under 49 CFR 382.307 the determination must rest on specific, contemporaneous, articulable observations of the driver's appearance, behavior, speech, or body odors, made by a supervisor or company official trained under 49 CFR 382.603. The person who makes the alcohol determination may not conduct the alcohol test. Alcohol testing is allowed only when the observations are made during, just before, or just after the driver's work period, and if an alcohol test cannot be done, the driver stays off safety-sensitive duty until a test reads under 0.02 or twenty-four hours pass. A written record of the observations, signed by the observer, is due within twenty-four hours or before the results are released, whichever comes first. This guide walks that sequence.
The short version
- Only a supervisor or company official trained under 49 CFR 382.603 can make the DOT determination, and that person may not conduct the alcohol test (49 CFR 382.307(c))
- Write the observations down in specific language and sign the record within 24 hours or before results are released, whichever is earlier (49 CFR 382.307(f))
- Alcohol testing only during, just before, or just after the work period; otherwise the 24-hour removal rule applies (49 CFR 382.307(d) and (e)(2))
- The decision rests on observed signs at the time, not history or hunches, and it belongs to the employer; a service agent may not make it (49 CFR 40.355(g))
- Have the collection path arranged before the conversation