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Alcohol and drug evaluations are often required when someone has been arrested and charged with a crime that involves alcohol or drugs. The type of arrest that leads to an alcohol and drug evaluation can vary depending on the jurisdiction and the specific circumstances of the arrest. Generally speaking, an arrest can be classified as a DUI, DWI, public intoxication, possession, distribution, or manufacturing of illegal substances, or even as a result of a search warrant.

DUI/DWI

A DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is the most common type of arrest that leads to an alcohol and drug evaluation. The laws governing these charges vary from state to state, but the general principle is that a person cannot operate a motor vehicle if their blood alcohol content (BAC) is above the legal limit. Depending on the jurisdiction and the circumstances, a DUI or DWI charge can be classified as a misdemeanor or felony offense. In most states, a DUI or DWI conviction requires an alcohol and drug evaluation.

Public Intoxication

Public intoxication is another type of arrest that can lead to an alcohol and drug evaluation. This charge is usually classified as a misdemeanor offense and is typically used when a person is found to be in a public place while under the influence of alcohol or drugs. Depending on the jurisdiction, public intoxication can also include the use of legal substances, such as inhalants, that impair a person’s ability to think or act responsibly. Many states require alcohol and drug evaluations for public intoxication charges as a way of assessing a person’s substance abuse issues.

Possession, Distribution, and Manufacturing of Illegal Substances

Possession, distribution, and manufacturing of illegal substances, such as drugs, are all criminal offenses that can result in an alcohol and drug evaluation. These types of arrests can range from misdemeanors to felonies depending on the jurisdiction and the amount of the drug involved. If a person is arrested for possession, distribution, or manufacturing of illegal substances, they may be required to submit to an alcohol and drug evaluation as part of their sentence or probation.

Search Warrants

A search warrant is a document issued by a court that allows law enforcement to search a person’s property for evidence of a crime. Depending on the nature of the crime, a search warrant can lead to an arrest that requires an alcohol and drug evaluation. For example, if a search warrant is issued for a home and drugs are found, the person may be arrested and required to submit to an alcohol and drug evaluation.

Some Tips for Arrest

The best way to avoid having to do an alcohol and drug evaluation during an arrest is to not consume alcohol or drugs prior to or during the arrest. This means that you should abstain from drinking or using drugs for at least 24 hours before you are arrested. If you do choose to drink or use drugs, be aware of the risks involved and know your limits.

You should also be aware of your rights during the arrest. If you are asked to take a drug or alcohol test, you can refuse it. However, if you are arrested and taken into custody, you may be required to take a test. Refusing to do so could result in additional criminal charges or penalties.

It is also important to be aware of the laws in your state regarding alcohol and drug testing. Some states require mandatory testing if an individual is suspected of driving under the influence of drugs or alcohol. Other states may require testing for certain types of arrests. It is important to know the law in your state and be prepared to comply with it if necessary.

It is also important to be aware of the consequences of refusing to take an alcohol or drug test. Refusal of a test can result in additional criminal charges or penalties and could lead to a longer jail sentence.

If you have been arrested and are facing an alcohol or drug evaluation, it is important to contact an experienced attorney who can help you navigate the legal process. An attorney can advise you on the best course of action and represent you in court if necessary.

Finally, it is important to be aware of the signs of alcohol or drug abuse. If you or someone you know is exhibiting any of these signs, it is important to seek help immediately. Substance abuse can have serious consequences and can lead to criminal charges. It is important to take steps to ensure that you remain safe and healthy and to avoid any legal complications.

In conclusion, there are several types of arrests that can lead to an alcohol and drug evaluation. The most common are DUI/DWI, public intoxication, possession, distribution, and manufacturing of illegal substances, and search warrants. Depending on the jurisdiction and the circumstances of the arrest, an alcohol and drug evaluation may be required as part of a conviction or sentence.

If you are currently a Commercial Driver’s License (CDL) truck driver and have failed a “drug screen,” the next steps for getting back on the road can be daunting and complex. The government entity known as the Federal Motor Carrier Safety Administration (FMCSA) has established regulations to protect the public through the random testing of drivers for illegal drug and alcohol use. For a more in-depth look at the regulations please review 49 Code of Federal Regulations, Parts 382 and 40.

A CDL Truck Driver Return to Duty process begins with someone who has failed a drug test must comply with the Substance Abuse Professional (SAP) and FMCSA regulations. A designated SAP makes the determination regarding treatment in all cases. First, the driver must undergo evaluation by an SAP who reviews the driver’s history; then the SAP will recommend a treatment program if applicable. After the SAP evaluation, the CDL Truck Driver Return to Duty process must abide by the SAP’s recommendation(s) for substance abuse assistance or evaluation before he or she can be considered eligible to return to his or her position. The SAP program requires that the driver attend a minimum of two one-hour sessions for alcohol misuse or 10, one-hour sessions for drug misuse, all of which are taken in approved drug rehab centers. After the successful completion of these sessions, the CDL Truck Driver Return to Duty process requires that the driver must take and successfully pass a Return-to-Duty drug or alcohol test.

If the CDL Truck Driver Return to Duty process meets the requirements established by the SAP, he/she can then proceed with the return-to-duty process. This process should begin with a review of the FMCSA regulations and the employer’s drug and alcohol policy. The truck driver needs to understand his/her rights as it relates to returning to work with an employer.

When approaching an employer for a return to duty, the truck driver should request an application for employment or a request to be reinstated. This application should include a description of all requirements (e.g. SAP evaluation, drug/alcohol testing, etc.) that must be completed before the employee qualifies for reinstatement. Upon completing the requirements, the employer must provide the driver with a release to have their CDL license re-instated.

The SAP recommended treatment modality may include things such as:

• Individual and/or group counseling
• Education on substance use and abuse
• Self-help meetings such as Al-Anon or Twelve Step programs
• Community-based treatment programs, which may include life skills
• Education
• Cognitive Behavioral Therapy
• Relapse prevention techniques

In the end, it is important that the truck driver remains compliant and follows the program and recommendations provided by the Substance Abuse Professional (SAP) to return to duty with the FMCSA and his or her employer. Once the required steps and treatment program have been completed, the CDL Truck Driver Return to Duty process will continue with the driver having to undergo drug/alcohol screenings and will be granted a clear/eligible driving record.

Considering a CDL Truck Driver Return to Duty process at this time? Then www.sapevaluation.org is an invaluable resource for your needs. 1-800-683-7745 will get you in touch with someone to set up your CDL Truck Driver Return to Duty process as soon as possible!

Information Source:

SAMHSA | Substance Abuse and Mental Health Services Administration

U.S. Department of Transportation

Federal Motor Carrier Safety Administration | U.S. DEPARTMENT OF TRANSPORTATION

Once upon a time, in a small town nestled in a state where recreational marijuana use was perfectly legal, there lived a young man named Fred. Fred was known for his responsible and level-headed nature. He was the one who would always be the designated driver when he and his friends decided to have a few drinks at the local bar. He understood the importance of staying sober while operating a vehicle and took this responsibility very seriously.

One warm summer evening, Fred and his friends decided to have a night out on the town. They celebrated birthdays, friendships, and the joy of being young. The night was filled with laughter, toasts, and, of course, a few drinks. As the evening turned into the morning’s wee hours, Fred felt tired and intoxicated. He knew he was in no condition to drive home.

Instead of making the irresponsible choice of getting behind the wheel, Fred opted to stay in his car, parked safely in a quiet residential neighborhood. He reasoned that he would sleep it off for a few hours and then drive home when he was sober and alert. He never wanted to jeopardize anyone’s safety, and he had always been responsible when it came to drinking and driving.

Unknown to Fred, as he drifted off to sleep with his car keys still in the ignition, a vigilant police officer patrolling the area noticed his parked car. Concerned for Fred’s well-being, the officer approached the vehicle and saw him sleeping inside with the keys in the ignition.

The officer recognized Fred as a responsible young man, a frequent patron at the local bar. However, as he peered inside the car, he spotted an empty vape cartridge on the floor. Concentrated THC, despite recreational legality, was not permitted in vehicles. In this state, the possession of concentrated THC while driving was considered a felony.

With a heavy heart, the officer gently knocked on the car window to wake Fred. Confused and disoriented, Fred slowly rolled down the window, only to be met with the stern gaze of the police officer. The officer informed him of the felony charge he was facing due to the presence of the empty vape cartridge and the keys in the ignition. Though Fred had avoided driving intoxicated, he found himself in a perilous situation he hadn’t anticipated.

The officer arrested Fred and took him to the local police station, where he was booked and placed in a holding cell. As he sat in the cold, dimly lit cell, he couldn’t help but reflect on his choices and actions. He had always been responsible, but one lapse in judgment had landed him in this unfortunate predicament.

The consequences of that night started to pile up. Fred had to pay for bail, a lawyer, and various court fees. His once-clear record now had a felony charge hanging over it. The court case dragged on, but a more favorable outcome eventually emerged. The charges were reduced from a felony DUI to reckless driving, a misdemeanor, thanks to his responsible history and the fact that he had not driven while under the influence.

However, this wasn’t the end of Fred’s journey to make amends for his mistake. The court mandated that he complete an alcohol and drug evaluation as part of his sentence. He knew he needed to find a qualified evaluator who could guide him through the process of rehabilitation.

After some research and recommendations, Fred chose a respected evaluator who specialized in substance abuse issues. During the evaluation process, he was asked about his substance use, and he openly discussed his experience with concentrated THC in vape cartridges.

To his surprise, the evaluator recommended a virtual treatment program designed for people with similar issues. As Fred joined this program, he was amazed at the number of individuals who had found themselves in situations like his. It became clear that he wasn’t alone in his struggle to make responsible choices regarding substance use.

The program delved into various aspects of addiction and its impact on people’s lives. Fred began to see the similarities between his choices and those of the others in the group. The support and camaraderie among participants were invaluable as they shared their stories and encouraged each other to stay on the path of recovery.

One particularly eye-opening aspect of the program was the regular drug testing. Fred had assumed that THC would leave his system quickly, but the high concentration of THC in the vape cartridges meant that it lingered in his body much longer than he expected. He also learned that there was no federal regulation on the production of such products, which was a startling revelation.

As Fred progressed through the program, he became acutely aware of the detrimental effects of THC on brain development, especially for someone his age. He was only 20 at the time of his arrest, and this newfound knowledge deeply troubled him. He realized that he had been putting not only his future at risk but also endangering the well-being of others through his irresponsible choices.

With the support of the virtual treatment program, the positive changes in his life became evident. He committed to a substance-free lifestyle, determined to make amends for his past actions. Gradually, he began to rebuild his reputation and regain the trust of his friends and family.

Fred’s journey was a testament to the power of self-reflection, rehabilitation, and the importance of making responsible choices, even in places where certain substances were legally accessible. Through his experiences, he learned that true responsibility meant not only avoiding immediate harm but also considering the long-term consequences of his actions on himself and those around him.

Tales from the Trip is a blog I created to tell the personal stories I have encountered during my time dealing with individuals in various SAP programs. The purpose of these stories is so that, hopefully, you can learn to avoid the mistakes of others and save yourself the trouble of running into a similar situation in the future. Ours is an unfortunate protagonist whom I have decided to name Fred after a stray dog I found. Fred was the sweetest and kindest little pup that you ever met. I think I decided to name our protagonist after him because Fred didn’t deserve what had happened to him. He just got caught up in some circumstances that weren’t necessarily his fault, but he was definitely the one who had to suffer the consequences. Luckily, none of the things I will describe happened to the same person, but for the purposes of this blog, Fred will ultimately become the unluckiest human being on planet Earth. All names have been changed to protect the anonymity of those involved. And so begins Fred’s journey and the Tales from the Trip…

Like many others before him, Fred was just a man who wanted to make a living doing the thing he loved: driving trucks. He had started his over-the-road career early on in life and had a number of years of well-earned experience under his belt. His employers loved him because he was always on time, and professional, and they knew that if a load was given to Fred, it was definitely going to arrive at its destination intact and on time. Fred was an ideal employee that any dispatcher would be lucky to have, but this did come with a few caveats. Fred was kind-hearted to a fault, and as many of us know, the kindest and nicest human beings can sometimes be the victims of individuals who take advantage of such kindness.

Because of his willingness to work and take on any job, Fred had begun to feel the years of over-the-road trucking on his body. Years of gas station hot dogs, energy drinks, bad posture, lack of sleep, and endless hours in his rig had taken their toll on his body. Fred wasn’t the young buck who could spring back after a fall. He wasn’t the middle-aged guy who would help a struggling loader get things into the truck when he could tell they were struggling. He just wasn’t the guy that his mind still believed he was. Like many individuals, Fred had gotten to that stage of life where his body had outgrown his mind, and the consequences of years of hard work had begun to manifest in his joints, muscles, and bones. It had reached a point where unbeknownst to him; he was on the verge of sustaining an injury at any moment. That day finally came on a lonely stretch of road while traveling through Alabama on his way to Texas.

At around 10 pm he noticed through the windshield a car on the side of the road with their hazards on, and a lady was standing to the side of the car waving her arms back and forth through the air in an attempt to flag down anyone she could. This is the type of thing Fred could not ignore. He was raised with good morals, and whenever he came across something like this, he was always reminded of his father stopping the car when he was a child to help anyone in need who seemed to be having car trouble. Fred had been down this stretch of road many times before and knew that they were in a cellular dead zone, and he might be the last person this lady would see for some hours because the stretch of road he was on was miles from the nearest town or gas station. He put his blinkers on, pulled over, and popped out of the cabin. He had done this sort of thing many times throughout his life, and sure enough, after introducing himself, he learned that she just needed some help changing her tire. She would normally have called AAA but obviously had no cell service. He assured her it wasn’t a problem and opened her trunk. Luckily, he was able to find a spare tire that, indeed, was in working condition.

He got to work and jacked up the car, undead the bolts, changed the tire, undid the jack, and went to lift the damaged tire. When he bent over to lift the tire, he felt something twist in his lower back and instinctively winced in pain. The young lady noticed and asked if he was all right as he continued to roll the tire to her trunk. Now Fred was a man’s man. He was the type of guy to suffer in silence, and when she asked, he told her everything was fine with a smile, but the lady could tell something was wrong. When he closed the trunk, he noticed that she had walked over to the passenger side of her car and reached into a bag. She returned, thanked Fred for his help, and handed him what looked like a vitamin bottle. He glanced down, took the bottle, and saw it was full of CBD capsules. He had seen this type of thing before at gas stations all over the US but hadn’t thought anything of it. He knew it had something to do with marijuana, but that was the extent of his knowledge about the situation. She mentioned that she had noticed he had been in some pain that she used these for muscle inflammation, and that she wanted him to have them because she thought it might help with his situation. She told him it was a natural medication she had been using for years and a lifesaver whenever she had muscle pain from going to the gym. He glanced down and looked at the label and saw that it clearly said 0% THC on the bottle. His parents had also taught him not to refuse kindness when offered, so he took the bottle and sent her on her way.

He made his way back to the cabin and went to open the door to the cab, but when he tried to get in, the pain flared up in his back, and he had to stop himself half-step. Luckily, he had a bottle of water he could reach that was in the door of the cab, so he reached up, pulled it down, and stopped to think about what he should do. He looked down once more at the bottle and thought about what the girl had said. At that moment, he hesitated. Weirdly enough, his insides churned a bit with indecision as he thought about his circumstances. He dismissed the feeling when he saw what time it was and realized that he had taken longer to help this lady than he had hoped. Not wanting to be late for his delivery, he went against his intuition and decided to open the bottle. The instructions said to take 3 capsules with some water. He decided to take 2 instead just to be safe and sat down on the step up to the truck. He looked up at the starry sky and thought to himself how beautiful it was. The light pollution was thin on this lonely road in the middle of Alabama, and he could see the entire Milky Way lighting up the sky. He took a moment to take in the beauty of the sky, and after about twenty minutes, he realized that his lower back had stopped hurting. He stood up, twisted left and right, and realized he couldn’t feel the pain anymore. Surprised at the efficacy of the pills, he jumped up into his cab and headed back down the road.

Fred made it to his delivery without any problems, but after about 6 hours, the pain in his lower back started to flare up again. He cursed to himself and realized that he really was becoming an old man like everyone always told him he would eventually become. Luckily though he had his little miracle bottle, he popped it open and took a couple more capsules before eventually lying in his cabin to sleep for the night. He slept soundly and deeply, but when he woke up and went to get out of his bed, he felt that sharp pain in his lower back once again. Immediately his intuition showed up, and he knew that he should set up an appointment to get himself checked out, but then he dismissed the feeling when he realized how tight his schedule was. He did not have any time for the Doctor if he was going to keep up with his deliveries. So once again, he opened the bottle and took a couple more pills. Fred continued this process of pain and suppression, taking the CBD capsules every time his back would flare up, and eventually finished his route.

He looked up the CBD capsules online and decided he better order some more because the bottle he had been given was already half-used by the time it had been handed to him. This cycle continued for another couple of months until, one day; his dispatcher told him that he had a random drug screen to complete. Fred had been taking drug tests for 30 years and had never failed a single test during his entire career as a truck driver, so when he got a call a few days after the test saying that he was positive, his heart sank. The medical review officer informed him that he had tested positive for a small amount of THC and now had a violation in the clearinghouse. The instant he heard this, he knew what had caused the problem. He took the latest bottle of CBD capsules he had received in the mail called the MRO, and explained what had happened. He told the MRO the name of the capsules and even sent him a photo showing the picture on the label that said 0% THC. The MRO explained that the packaging for CBD in the United States could say 0% if it is 0.385%, which, unfortunately, is enough to fail the urinalysis screening for the DOT. The MRO told Fred that all was not lost and that he could drive again after completing an SAP program.

Fred thought back to that moment of hesitation before taking the capsules and seeing the Milky Way shining brightly in the sky. He laughed to himself, remembering something his mother had told him when he was just a boy. He had looked up into the same starry sky and asked his mother where the stars came from. She looked back at him and said, “Fred, nobody knows where the stars came from, so don’t let anyone try and tell you that they know. People have all sorts of ideas about all sorts of things, but the origin of everything is a mystery that no one will ever be able to answer for sure, I’ll tell you this: there’s an intelligence to this mystery called life. It’s the intelligence that knows how to make an acorn into a tree or how to grow you inside my belly. That same intelligence is a part of you and a part of me. So, whenever you don’t know the answer to something, I’ll tell you what my mother told me when I was your age. Just trust your gut. That feeling you get when you’re unsure about something is what you should always listen to. Remember that that feeling is smart enough to make a seed change into a flower or turn a caterpillar into a butterfly, so you should listen to it when it does show up. It’s the only thing you can rely on when things are uncertain, so don’t ever try to explain it away.”

Fred took a deep breath and looked up at the sky one more time before taking the bottle of capsules and tossing it into the closest trash can.

If you have found yourself in a situation that requires you to meet for an evaluation with an SAP then look no further! Find more information at www.sapevaluation.org or you can reach us at 1-800-683-7745.

Returning to work after a violation resulting in a prohibited status on your commercial driver’s license (CDL) can be daunting. The Department of Transportation (DOT) enforces strict regulations to ensure the safety of our roads and highways. As someone who has gone through the Return to Duty process, I understand the challenges and complexities involved. I want to share my personal experience and offer insights into navigating the DOT Return to Duty process.

Prohibition and Realization:

Receiving a violation notice from the DOT was a major wake-up call for me. It abruptly halted my driving career and forced me to face the consequences of my actions. It was a humbling experience that made me reflect on the seriousness of violating DOT regulations and its potential risks to myself and others on the road. I was prohibited from operating commercial vehicles and could only return to work after completing the process. Accepting responsibility for my mistake and finding an SAP Provider to help me understand the importance of the Return to Duty process were pivotal moments in my journey.

SAP Evaluation:

Completing an educational or treatment component is crucial to the Return to Duty process. I first attended a Substance Abuse Professional (SAP) evaluation, which helped me understand the severity of substance use while performing a safety-sensitive position. The evaluation helps determine the extent of underlying substance abuse issues and guides the development of an appropriate action plan. During the evaluation, I talked one-on-one with a licensed substance abuse professional who provided valuable insights into my circumstances and helped me develop an action plan for moving forward.

Treatment and Education:

Based on the recommendations of the SAP evaluation, I was required to undergo a treatment program for my level of substance use. This phase of the process was very transformative. Some of you may hear “treatment” and automatically think about taking medicine, but it wasn’t like that. I engaged in counseling sessions, group therapy, and educational programs focused on substance abuse awareness and relapse prevention. These interventions gave me the tools and coping mechanisms to overcome the triggers and factors that caused me to test positive on my DOT alcohol and drug test. My personalized treatment program helped me make positive changes in my life that I probably would not have thought of on my own. I thought I had life all figured out, but man, was I wrong.

Return to Duty Clearance/Eligibility and Moving Forward:

After completing the required treatment program, I reached the clearance phase. This involved submitting proof of completion and compliance with all necessary paperwork, such as providing documentation from the treatment program and a negative drug test result to my SAP. It was a time of mixed emotions, as I felt a sense of relief and accomplishment as I was one step closer to doing what I love, operating commercial vehicles. It marked a fresh start and a renewed dedication to safety and responsibility in my professional career.

Follow-up Testing and Compliance:

I could not wait to tell my Substance Abuse Professional about all the knowledge I gained. After my follow-up assessment, I was finally cleared to return to duty on one condition. I had to adhere to random urine and/or breath testing for drug and alcohol use. With the positive life changes and decisions I made in my treatment program, I did not mind. I understood that maintaining strict compliance with follow-up testing protocols would be vital for aftercare in the Return to Duty process. The follow-up testing and compliance phase serves as a means of ongoing monitoring and accountability for drivers, and each test serves as a reminder of my commitment to sobriety and professional responsibility.

Conclusion:

The DOT’s Return to Duty process is designed to ensure our roads’ safety and allow individuals to rehabilitate and reintegrate into the workforce. My personal experience with this process taught me valuable lessons about accountability, self-reflection, and the importance of complying with regulations. It is crucial to seek professional help, stay committed to your treatment program, and embrace personal growth opportunities. Remember, the Return to Duty process is not an obstacle but rather a chance to rebuild your life and regain the trust of both yourself and your employer. With determination and perseverance, overcoming the challenges and becoming a safer and more responsible professional driver is possible.

Information Source:

SAMHSA | Substance Abuse and Mental Health Services Administration

U.S. Department of Transportation

Federal Motor Carrier Safety Administration | U.S. DEPARTMENT OF TRANSPORTATION