This article will cover different types of DOT violations, focusing on Drug and Alcohol violations. The consequences of those violations and how to avoid violating DOT regulations. Finally, we will review the DOT Return to Duty Program, which includes a DOT SAP Evaluation, and where you can find the lowest cost DOT SAP Program.

What are DOT Violations?

An explanation of the DOT’s role in regulating commercial drivers and the specific rules CDL holders must follow.

Common CDL DOT Violations:

• Hours of Service (HOS) violations: Exceeding allowed driving time, not taking required breaks.
• Logbook discrepancies: Inaccurate record-keeping of driving time and
• Vehicle maintenance issues: Operating a truck with faulty lights, brakes, or
• Traffic violations: Speeding, following too closely, improper lane changes
• Drug and alcohol violations: Testing positive for substances while on duty
• Severity of violations: Categorization of violations as minor, major, or critical, depending on potential safety risks.

Consequences of Violations:

• Fines: Monetary penalties for individual violations
• License suspension: Temporary or permanent suspension of CDL depending on the severity and frequency of violations
• Employer action: Disciplinary actions like warnings, suspension, or termination

How to avoid DOT Violations:

• Proper training: Understanding DOT regulations and safe driving practices
• Regular vehicle inspections: Maintaining the truck in good working condition
• Accurate logbook keeping: Recording driving time and breaks accurately
• Fatigue management: Prioritizing adequate rest and sleep

The FMCSA Drug and Alcohol Clearinghouse:

A centralized system where CDL drivers’ drug and alcohol testing results are stored and accessible to employers.

Step by step process of the DOT Return to Duty Program:

1. A DOT-qualified SAP will conduct a face-to-face evaluation of the employee to assess their situation and determine necessary treatment or education plans.
2. Based on the SAP’s evaluation, the employee may be required to complete a treatment program or educational courses related to substance abuse.
3. Before returning to work, the employee must pass a “return to duty” drug or alcohol test, which is usually collected under direct observation. Make sure the test is done at a DOT certified.
4. After returning to work, the employee will be subject to a follow-up testing plan, usually including multiple unannounced tests over a period of time, as determined by the SAP.

Where to begin if you need to complete the DOT return to Duty Program:

AACS counseling offers this service at a lower cost than most other agencies. We make the process simple and easy to understand by breaking it down into six (6) steps. Most of which can be done virtually. Once you’re done with steps one through four (1-4), completing steps five and six is up to you. Step five (5) is taking a DOT certified drug/alcohol test after which you will become eligible to return to duty, and step six (6) will be to follow up with an employer or a third party consortium administrator. For more information please visit https://www.aacscounseling.com/return-to-duty-program/ or give us a call.

“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”

In this article, we will discuss the dangers of drunk driving as well as the consequences, what happens when you get a DUI, and where to get a DUI Evaluation done.

In 2022, there were 13,524 fatal drunk driving accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA). This represents about 32% of all traffic fatalities. Not only that, NHTSA also reports that from 2012 to 2022 the number of drunk driving fatalities has increased by 31%. From 2020 to 2022 alone it increased by 16%.

To combat this, cops have been making arrests to help minimize these numbers and potentially save lives. According to the CDC, about a million arrests are made each year in the USA for people driving under the influence. These numbers, however, are only a tiny portion of the population that drive while intoxicated.

Consequences of Drunk Driving

Drunk driving can lead to a fatal accident. Which is why getting a DUI may be a blessing in comparison. There’s numerous repercussions from drinking and driving.

Some examples of these consequences include:

License

• The Department of Motor Vehicles or the court can suspend or revoke your driver’s license

Probation

While on probation, you may be required to:

• • Avoid further misdemeanors
  • Install an ignition interlock device
  • Submit to random drug testing
  • Pay fines
  • Complete a DUI Evaluation
  • Complete substance abuse classes

Financial

You may face significant financial costs, including:

• • Fines
  • Legal fees
  • Increased insurance premiums
  • Costs for DUI education or substance abuse treatment

Criminal record

• A DUI conviction can result in a criminal record that can affect your future employment and housing applications.

Imprisonment

• For felony DUI convictions, you may face imprisonment of one year or

Employment

• A DUI conviction can make it difficult to find or keep a job, especially if the job involves driving or requires trust.

Ignition interlock device

• A vehicle ignition interlock device (IID) measures your blood alcohol content (BAC) before you can start your car.

Dealing with DUIs

Facing a DUI charge is never fun. Not only does it cost a lot of money, but it will also be a long process when you get on probation. The first thing they will ask you to complete is a DUI evaluation. Afterwards they will ask you to register for a DUI school, where they go over risk reduction. Throughout this, you will be asked to take random drug screens during your probationary period.

AACS Counseling can help you knock out some of those court-mandated requirements. We are certified and licensed in all the states so we can even take care of out of state DUIs. The best part is it can all be done virtually. Dealing with a DUI is a lengthy process, so we aim to make it a quick and painless one. For more info please visit our website: https://www.aacscounseling.com/dui-clinical-evaluation/

“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”

“By far, one of the most common felonies in the United States is drug crimes,” as stated by The Brilliant Brawler, a criminal defense lawyer from Oklahoma. 

https://www.thebrilliantbrawler.com/blog/what-should-i-know-about-the-most-common-felonies-in -the-country/

A statement backed by many other law firms is the foundation for this article. Although drug crimes are the most common felonies, there are plenty of drug-related misdemeanors too. Both require you to go through a similar process. Most of the time, it ends up being a possession charge. 

Now, when faced with possession charges, there are court obligations you must satisfy to finish probation. The severity of your charge(s) will determine your probationary period and the amount in court fines and fees. However, the first requirement you must complete to stay in compliance with the court is an Alcohol and Drug evaluation. 

Alcohol and Drug Evaluation 

Other names for this type of evaluation are: 

• Substance Abuse Evaluation, 
• Chemical Dependency Evaluation 
• Alcohol and Drug Assessment, 
• Alcohol and Other Drugs Assessment (AODA). 

Purpose of the Evaluation 

The purpose of Alcohol and Drug (substance abuse) evaluation is to determine whether an individual meets the criteria for a substance use disorder, the degree or severity of the disorder, and whether there are any co-occurring medical or mental health disorders. 

When looking for providers for this service, it’s important to go to the right place. There are a few out there such as American Alternative Court Services (AACS) that ensures you meet the legal, court, and probation requirements for your case. The evaluators are also certified and licensed. AACS has made the process convenient and affordable for anyone who needs it. Most of their evaluations are now completed virtually, but you can still come in person if need be. The virtual option, however, has made this service even more accessible to those who need it. It’s no mystery that dealing with the court can be very troublesome. AACS knows this firsthand, so they work with people to make sure everything goes smoothly.

Role of the Clinical Evaluator 

At its core, the virtual substance abuse assessment is a biopsychosocial evaluation that examines your medical, mental health, social, interpersonal, occupational, family, educational, and legal histories. The role of the clinical evaluator is to conduct the substance abuse evaluation by assessing the individual’s condition, symptoms, capacity, functioning, and behavior, provide an objective opinion on the individual’s competence, and determine what level of assistance they need in resolving problems associated with alcohol or prohibited drug use. 

For more information on the service you can visit. 

https://www.aacscounseling.com/alcohol-and-drug-evaluation/

“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”

Immediate actions: 

• Removal from safety-sensitive duties, such as driving a commercial vehicle or operating heavy machinery. 

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test

● Suspension of your Commercial Driver’s License (CDL) if you’re a driver. https://www.transportation.gov/odapc/employee 

• Reporting to a Substance Abuse Professional (SAP) for evaluation and treatment. 

Long-Term Consequences 

• Job loss or disciplinary action from your employer. 
• Difficulty finding future employment in safety-sensitive positions. 
• A permanent record on the DOT Drug and Alcohol Clearinghouse, which potential employers can access. 
• Possible criminal charges if your drug use led to an accident or injury. 

If you’re in this position, you must go through the Return to Duty (RTD) process to return to work. This includes a DOT SAP program and the employer’s requirements to return to duty. 

The DOT SAP program is a comprehensive process, an individual who has violated the DOT drug and alcohol policies and regulations must complete before returning to safety-sensitive duties. 

If you’re looking for a provider, AACS offers the fastest DOT Return to Duty Program from home. They have also simplified it into a six-step process. 

The SAP program consists of the following: 

• Initial SAP Evaluation 

To help protect the public interest in safety, every employee who has violated a DOT drug and alcohol regulation must be professionally and clinically assessed and evaluated by a DOT-qualified SAP. 

• Education/Treatment Recommendation 

As described in 49 CFR Part 40 Section § 40.293 paragraph (b) [49 CFR 40.293(b)], the SAP must recommend a course of education and/or treatment with which the employee must demonstrate successful compliance prior to returning to DOT safety-sensitive duty

• Referral to an Appropriate Education and/or Treatment Program As described in 49 CFR 40.299(a), upon determining the best recommendation for assistance, the SAP must serve as a referral source to assist the employee in entering an education and/or treatment program. 
• Successful Compliance with the Initial SAP Recommendation 

When a SAP has successfully assessed and evaluated an employee and recommended an education and treatment program following a DOT drug and alcohol regulation violation, the employee MUST comply with that recommendation. 

• Follow-up SAP Evaluation 

Upon obtaining appropriate documentation from the appropriate education and/or treatment program professionals to whom the employee was referred, the SAP must re-evaluate the employee to determine whether he/she has successfully carried out the initial SAP education and/or treatment recommendations as outlined in 49 CFR 40.301(a). 

To summarize this process steps 1 – 4 deal with AACS directly. Step 5 is a DOT drug test that must be taken at a certified location. After a negative result, you are now eligible to return to duty. Step 6 involves the employee adhering to the employer’s requirements to return to duty. If the case is mild, you should be able to finish all the steps within a week. 

For more information please visit: https://www.aacscounseling.com/sap-evaluations-for-dot/ 

“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”

Not only are you posing a threat to yourself, but you are putting other people’s lives at risk when you’re driving under the influence; according to a short report posted on SAMHSA in 2016, 31% of all traffic-related deaths in 2014 involved alcohol. Reducing this number has been a long-term goal for the US. Not just for alcohol but any substance that impairs your motor functions. 

https://www.samhsa.gov/data/sites/default/files/report_2688/ShortReport-2688.html

Driving Under the Influence vs Driving While Intoxicated/Impaired 

‘Nine states make notable distinctions between the meaning of the two terms. In some, a DUI refers to driving at or above the 0.08 legal alcohol limit, while DWI includes levels of impairment that are less measurable and may carry less harsh punishments. In others, it’s the reverse, and DWI is driving with a BAC at or above 0.08.’ 

https://www.valuepenguin.com/auto-insurance/difference-dwi-vs-dui 

Although the data from SAMHSA may be old, in 2023, it is estimated that around 40,000 people died of motor vehicle accidents, as you can see below from the data provided by the NHTSA. Not only that, but it has also progressively increased since 2013.

How many of those 40,000 could have been prevented by simply refraining from driving while intoxicated? Based on previous numbers, excluding any substances besides alcohol,

maybe 10,000? There’s a reason why getting a DUI is so expensive. The severity of the consequences must match the action. Otherwise, nothing will change. If there were no repercussions to life-threatening behaviors, people would continue to behave the same way. 

Getting a DUI 

Possible penalties 

• Fines 
• License suspension 
• Alcohol education or treatment programs 
• Probation 
• Jail time 
• Ignition interlock device 
• Community service 

After getting a DUI, the first thing to do is get a lawyer. He/she will most likely tell you to get a DUI evaluation done. Make sure whoever you go to is certified and licensed to do so. American Alternative Court Services (AACS) is well known for providing virtual and in-person assessments. You will then be asked to take a Risk Reduction Program (RRP). This takes 20 hours and can be done over the weekend. AACS also offers this service. For more information on RRP please visit

https://www.aacscounseling.com/dui-school-risk-reduction-program-rrp/ 

“If you’re facing a legal issue or need a professional evaluation, AACS Counseling is here to help. Call us today at 800.683.7745 or visit our website to schedule your appointment.”