FMCSA Clearinghouse: Annual queries are required for all CDL drivers. Make sure you're compliant.

I failed a DOT drug test and don't have an employer. How do I get back to driving?

Start the SAP process on your own, now. You do not need an employer to see a SAP. Under 49 CFR § 40.311(f), when you have no current employer the SAP sends the reports directly to you, and later to your new employer. An employer, or your own business as an owner-operator, orders the return-to-duty test at the end.

What the regulation says

49 CFR § 40.311(f) — SAP reports when you have no employer

As a SAP, you must also provide these written reports directly to the employee if the employee has no current employer and to the gaining DOT regulated employer in the event the employee obtains another transportation industry safety-sensitive position.

Step by step

  1. Find a DOT-qualified SAP. If you failed a pre-employment test, the employer that tested you still has to give you a list of SAPs at no charge (§ 40.287 covers applicants too). Or ask us for our list. Designate your SAP in the Clearinghouse so they can report your progress.
  2. Complete the evaluation and the program. The SAP evaluates you in person or by live video (§ 40.291), sets your education or treatment, and sends the reports to you (§ 40.311(f)).
  3. Get your SAP's clearance. After the follow-up evaluation, the SAP reports to the Clearinghouse that you are eligible for return-to-duty testing (§ 382.705(d)).
  4. Line up an employer, or go owner-operator. A new employer must run a Clearinghouse query with your consent before you drive (§§ 382.701(a), 382.703). They will see the violation, and they cannot let you do safety-sensitive work until you have finished the SAP process and passed the return-to-duty test (§ 382.701(d)).
  5. Take the observed return-to-duty test. The employer orders it (§ 40.305(a)). It must be directly observed (§ 40.67(b)) and negative. The employer reports the negative result to the Clearinghouse (§ 382.705(b)).
  6. Finish your follow-up tests. At least 6 in your first 12 months back. The plan follows you to every employer (§ 40.307(e)).

Going owner-operator

If you run your own authority, you are your own employer. FMCSA requires you to designate a C/TPA to handle your Clearinghouse reporting (§ 382.705(b)(6)), and a C/TPA can order return-to-duty and follow-up tests for an owner-operator (§ 40.355(h)). Assurity can be that C/TPA and run your testing.

A new employer can hire you before follow-up testing is done

You do not have to finish every follow-up test before someone hires you. Once the Clearinghouse shows you completed the SAP process and passed the return-to-duty test, an employer can put you back to work while the follow-up tests continue (§ 382.701(d)(2)).

Don't wait on your CDL

Once you are prohibited in the Clearinghouse, your state must downgrade your CDL within 60 days of being notified (§ 383.73(q)). Starting the SAP process early is the fastest way back. See the full process.

We handle the testing

DOT Return-to-Duty & Follow-Up Testing Package

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Your observed return-to-duty test plus six observed follow-up tests, scheduled and tracked for you. Owner-operators: we act as your C/TPA. Buy online.

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Related questions

Can I see a SAP without an employer?

Yes. 49 CFR § 40.311(f) requires the SAP to send the reports directly to the employee if the employee has no current employer, and to the new employer once the employee is hired into another safety-sensitive position.

Who orders my return-to-duty test if I don't have a job?

An employer does, under 49 CFR § 40.305(a). That can be a new employer, or your own business if you are an owner-operator, through your C/TPA (§ 40.355(h)).

Will a new employer see my failed test?

Yes. Employers must run a full Clearinghouse query with your consent before you perform safety-sensitive work (49 CFR §§ 382.701(a), 382.703). If you refuse consent, the employer cannot let you drive (§ 382.703(c)).

I failed a pre-employment test. Does the company that tested me owe me anything?

They must give you a list of SAPs with names, addresses and phone numbers, and cannot charge you for it. 49 CFR § 40.287 applies to applicants and new employees as well as current employees.

Do my follow-up tests start over with a new employer?

No. Under 49 CFR § 40.307(e), the follow-up plan follows you, and your new employer is responsible for making sure you finish the remaining tests.

Regulatory text on this page was verified against the current eCFR on September 30, 2026. This is general compliance information, not legal advice. Questions? Call (888) 869-0898.