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Have you been in a trucking related accident? Then you need the right Minnesota Truck Accident Lawyer to represent your case and get you the settlement you deserve! - Randall Knutson

U.S. Federal Code - Trucking Lawyer

Part 382: Controlled Substances and Alcohol Use and Testing

Part 382 is used to prevent accidents and injuries due to the use of drugs or alcohol by the drivers of commercial vehicles. All employers of commercial motor vehicle s have to be certain that drug or alcohol testing complies within the procedures of this title.

Drivers must be tested if they drive a vehicle:

  • Weighing more than 26,000lb. including a towed weight of more than 10,000lb.


  • With a gross weight of more than 26,000lb.


  • Designed to transport 16 or more passengers (including the driver)


  • Used to transport hazardous materials


    • Part 382.107 defines safety-sensitive functions. Safety-sensitive functions are considered to be preformed when:

  • Any activity a driver is involved in while waiting to be dispatched


  • A driver is servicing his vehicle or performing an inspection


  • A driver is driving his vehicle


  • A driver is involved in loading/unloading the vehicle


  • A driver is repairing or waiting for repair assistance


    • Alcohol and drugs may not be used while performing these safety-sensitive functions. Alcohol may not be consumed within 4 hours of performing any of these activities.

    Part 382.201 lists prohibited conduct. A driver will no longer be allowed to operate a commercial vehicle if:

  • The drivers blood alcohol level is 0.02 or greater when reporting to duty


  • Possessing alcohol or medications that include alcohol (unless it is part of the shipment)


  • Consuming alcohol while performing safety-sensitive functions


  • Consuming alcohol within 8 hours proceeding an accident or until after being tested


  • Reporting for duty after consuming any drug that affects the drivers ability to function safely


  • Refusing to submit to any DOT mandated alcohol or drug test


    • Part 382.301-382.309 defines when drivers must be tested. Drivers may be tested:

  • Before they are employed


  • Drivers may also be tested at random


  • After an accident that produces a fatality


  • There is suspicion to believe the driver may be under the influence


    • If it is confirmed the driver has a blood alcohol level of 0.04 or greater he must be evaluated by a substance abuse professional and take another test in order to return to work.

    Part 382.413 handles previous test records. Under this provision a driver is required to provide any new company he works for with a written authorization for all former employers to release his or her previous test results.

    Part 391: Qualifications of Drivers

    Part 391 defines the regulations for drivers operating a tractor-trailer or other commercial motor vehicle that weighs more than 10,000lb., carries 16 or more passengers, or transports hazardous materials.

    Truck drivers for commercial motor carries must:

  • Be at least 21 years old


  • Speak English


  • Be physically able to safely operate a truck


  • Have a valid CDL


    • Must not have ever been disqualified for driving under the influence of drugs, committing a felony, leaving the scene of a crime, refusing to take an alcohol test, or any other reason

    After the driver has been hired he or she must have a physical exam every two years and should not have diabetes requiring insulin, high blood pressure, poor vision, poor hearing, current diagnosis of being an alcoholic, or over-the-counter prescription medicine.

    Part 391.15 states the disqualification of drivers. Drivers may be disqualified if:

  • He drives with a blood alcohol level of 0.04 or more


  • Drives under the influence of drugs


  • Commits a felony involving a commercial motor vehicle


  • Leaves the scene of an accident while driving a commercial motor vehicle


  • Transports, possesses, or uses drugs


  • Refuses to undergo alcohol testing


  • Fails to notify his/her employer of a suspended, revoked, or withdrawn license


    • More Federal Law information may be found on our resource page or fill out our contact form to get in touch with a Minnesota Truck Accident Attorney today.



    Have you or someone you know been injured in a truck related accident? If you have been then you might be entitled to compensation for your losses. Contact our truck accident lawyer today!