A refusal is treated the same as a failed test. Under 49 CFR § 40.191(c) you face the same consequences as any drug and alcohol violation: you must stop all safety-sensitive work, and you cannot drive a commercial vehicle again until you finish the SAP return-to-duty process (§ 40.285(b)).
49 CFR § 40.191(c) — Consequences of a refusal
As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations. The consequences specified under DOT agency regulations for a refusal cannot be overturned or set aside by an arbitration, grievance, State court or other non-Federal forum that adjudicates the personnel decisions the employer has taken against the employee.
Alcohol tests have their own refusal list, including not showing up and not providing enough breath or saliva (§ 40.261).
The collector writes down what happened, but the employer has the sole responsibility to decide whether a refusal occurred (§ 40.191(d)(1)). A C/TPA cannot make that call for a company driver (§ 40.355(i)).
If you leave a pre-employment test before the testing process starts, that is not a refusal (§ 40.191(a)(2), (3)). Once the collection has started, leaving can be a refusal.
If you cannot give enough urine, the collector gives you up to three hours and urges you to drink up to 40 ounces of fluid. Declining to drink is not a refusal (§ 40.193(b)). Your employer then sends you for a doctor's evaluation within five days (§ 40.193(c)). It only becomes a refusal if the doctor finds no adequate medical reason (§ 40.193(d)(2)).
Usually not. A Clearinghouse petition can fix administrative errors, like a data entry mistake or a duplicate report, but you cannot use it to contest a refusal (§ 382.717(a)(1)). One exception: a report that you failed to show up for a test can be removed if the employer's report did not include the documentation the rules require (§§ 382.717(a)(2)(iii), 382.705(b)(3)). That includes proof of when and where you were told to test, and proof the employer gave you copies.
Follow the same steps as a failed test: see a DOT-qualified SAP, complete the education or treatment, pass an observed return-to-duty test, then complete your follow-up tests. See every step. No employer right now? Here's how that works.
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See what's included →Yes, for federal purposes. Under 49 CFR § 40.191(c) a refusal carries the consequences of a DOT drug and alcohol violation, and § 40.285(b) requires the same SAP process as a verified positive.
No. 49 CFR § 40.191(c) says the consequences of a refusal cannot be overturned or set aside by an arbitration, grievance, State court or other non-Federal forum.
No. Under 49 CFR § 40.193(b), the collector urges you to drink up to 40 ounces over up to three hours, but it is not a refusal to test if you decline to drink.
Only if the testing process had already started. Under 49 CFR § 40.191(a)(2), leaving before a pre-employment test commences is not a refusal.
Yes. 49 CFR § 40.261 defines refusals for alcohol tests, including not showing up and not providing enough breath or saliva, and § 40.285(b) treats a refusal as a violation requiring the SAP process.
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.