Getting a positive result on a DOT (Department of Transportation) drug test can have serious consequences for your career as a commercial driver. However, there are steps you can take to try to fight or dispute the test results. Understanding the drug testing process and your rights is crucial.
Why are DOT drug tests performed?
DOT drug and alcohol tests are mandated by the U.S. Department of Transportation for safety-sensitive transportation employees such as truck drivers, bus drivers, airline pilots, and train engineers. The goal is to minimize accidents and injuries caused by substance abuse in the transportation industry.
DOT tests screen for 5 illegal drugs:
- Marijuana
- Cocaine
- Amphetamines
- Opiates
- Phencyclidine (PCP)
Drivers are subject to the following DOT drug tests:
- Pre-employment
- Random
- Reasonable suspicion
- Post-accident
- Return-to-duty
- Follow-up
Understand the DOT drug testing process
Knowing what happens during the collection and testing of your sample can help you identify any potential issues or mistakes. Here are the key steps:
- Your urine sample is collected at a testing facility. The collector checks your sample for signs of tampering.
- Your sample is split into two containers and sealed. This provides a sample for initial testing and a second sample to confirm results.
- The initial drug testing is performed at a certified lab. An immunoassay test screens for the 5 illegal drugs. If positive, a GC/MS confirmatory test is done.
- If the GC/MS test is also positive, the results are reported to the Medical Review Officer (MRO).
- The MRO contacts you to discuss the test and any prescriptions or other reasons for a positive result.
- The MRO reports the verified results to your employer.
- If positive, you can request the MRO to direct your second sample to be tested at a different certified lab.
Common reasons for false positive DOT drug tests
While modern drug tests are very accurate, false positives still sometimes occur. Common causes include:
- Mix-ups in sample handling or testing procedures
- Contamination of the initial testing sample
- Passive exposure to marijuana smoke
- Use of prescription or over-the-counter medicines
- Medical conditions such as kidney disease
Confirmatory GC/MS testing greatly reduces the chances of a false positive from cross-reactivity with other substances. But lab errors and sample mix-ups are still possible.
Strategies for disputing a positive DOT drug test
Here are some of the steps you can take to dispute questionable positive DOT drug test results:
Request split sample testing
You have 72 hours after being notified of a positive result to request that your split specimen be sent to a different certified lab for retesting. This can verify or contradict the original test findings. Make this request through the MRO.
Identify flaws in the collection process
The DOT drug testing process must follow chain of custody and collection protocol to ensure an unadulterated specimen. Examples of collection errors that could invalidate results include:
- Insufficient sample volume
- Incomplete or missing tamper-evident seals on the sample
- Failure to maintain continuous custody of your sample
- No authorization from you for the drug test
- No medical review of the results by the MRO
Prove you had a valid prescription
If your positive result was caused by oxycodone, morphine, amphetamine, or another prescription substance, provide evidence to the MRO that you had a valid prescription. The MRO can then verify you had a legitimate medical reason for the drug use.
Show proper drug test documentation
The specimen collection and testing process must be fully documented by the collector, lab, and MRO. Request copies of this paperwork to verify protocols were followed. Any deviations could make the test invalid.
Retest the original split sample
If errors occurred in the handling of your first sample, you can request that the MRO direct retesting of your original split specimen before using the second split sample.
File a lawsuit challenging DOT test results
If you exhausted the above steps and still believe you received an unjustified positive DOT drug test, legal action may be warranted. Grounds for a lawsuit challenging the test results could include:
- Failure to follow DOT procedures
- Faulty or inconsistent test results
- Denied requests for retesting
- Lack of scientific validity of the drug test
- Wrongful termination or license suspension
It’s recommended to consult with an attorney experienced in DOT drug testing lawsuits before taking legal action. They can evaluate the specifics of your case.
Avoid common mistakes when disputing positive DOT drug tests
To maximize your chance of success, be sure to avoid these mistakes that weaken your defense:
- Missing the 72-hour deadline to request split specimen retesting
- Not cooperating fully with the MRO during verification of your test results
- Providing inconsistent or unsupported explanations for the positive result
- Making written factual admissions about your drug use
- Delaying legal action after exhausting your administrative dispute options
Be proactive prior to receiving any drug test results
The best approach is to be proactive before you are even selected for a DOT drug test. Recommended steps include:
- Know your rights and responsibilities under DOT drug testing rules
- Avoid illegal drug use that could trigger a positive test result
- Disclose prescription medications you are taking as required
- Request delays in testing if you are sick or need to provide medical evidence
- Thoroughly document any procedural concerns or irregularities during the collection process
- Consult a medical review officer if concerned about false positives
Carefully following DOT protocols and communicating promptly can help avoid many unjustified positive drug tests. But if you do receive concerning results, act quickly to exercise your rights.
Conclusion
Receiving a confirmed positive result on a DOT drug test can seem overwhelming. But understanding the testing process, avoiding common mistakes, and being proactive about your rights can help you successfully dispute questionable or unfair positive results. With the aid of your MRO, split specimen retesting, and legal support if needed, drivers can fight back against unjust allegations of illegal drug use. The key is acting strategically, communicating professionally, and not giving up if you believe you have been wrongly accused. A positive DOT drug test does not necessarily mean the end of your career.