According to Justia a commercial truck driver in Florida must comply with Florida Statutes that apply to alcohol and drug testing.
Florida law states that commercial truck drivers must agree to physical or chemical tests by a breathalyzer or blood test to detect alcohol. The law further states that commercial drivers must agree to urine tests to detect controlled substances. The DOT requires all CDL drivers in Florida to take drug tests at the time of pre-employment, after an accident as well as at random intervals. By applying for a CDL, the commercial driver consents to comply with state statutes and will submit to drug testing when a law enforcement officer requests. The consent provision is printed on each new commercial and renewed license.
A law enforcement officer may administer a drug test if there is reasonable cause to believe the operator of a commercial vehicle has a controlled substance, a chemical substance, or alcohol in their system. An officer may administer a breathalyzer test if there is reason to suspect alcohol in the operator's blood. An officer may request a urine test if there's reason to suspect a chemical or controlled substance.
An officer may request a blood test if there's reason to believe the person is operating a commercial vehicle with alcohol or a controlled or chemical substance in their body. In the event of an accident involving a commercial vehicle, a law enforcement officer may request a drug test if there's reason to believe a controlled or chemical substance or alcohol was involved.
Medical personnel at a hospital or emergency clinic administer the blood test. If a commercial vehicle operator requests treatment following an accident, a blood test may be administered if the operator cannot agree to a test due to physical or mental impairment or if the driver is unconscious. Florida statutes indicate that a urine test may not determine alcohol consumption. A breathalyzer test cannot be used to determine whether controlled or chemical substances are in the driver's body.
If a person driving a commercial vehicle in Florida and isn't required to have a commercial driver's license is considered by law to have given consent for drug and alcohol testing if asked by a drug enforcement officer. Exemptions for commercial driver's licenses include:
Drivers applying for a commercial driver's license in Florida should be familiar with drug testing laws and comply with state statutes.
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