Post-Accident Drug Testing Laws By State (May 2025)

Federal Restrictions on Post-Accident Drug Testing Laws by State

The Fourth Amendment to the U.S. Constitution protects people against unreasonable searches and seizures. This restriction limits when police officers can test people for drugs or alcohol. Specifically, the police must obtain consent or a court order to conduct a drug or alcohol test.

The court order is granted when the police can prove they have probable cause to believe a person broke the law. Probable cause means the police have evidence that gives them a reasonable suspicion of criminal activity. The police often meet this low standard by describing the suspect’s appearance and erratic behavior.

These restrictions have the following effects on the post-accident drug testing procedure used by law enforcement agencies:

• Police officers can ask you to take a drug or alcohol test
• You can decline to take the test
• Officers cannot require you to take the test unless they obtain a court order

If you refuse to give consent to a voluntary drug or alcohol test, the state can suspend your driver’s license. All 50 states have these implied consent laws. It can also prosecute you if you refuse to comply with a valid court order.

However, it cannot use your words refusing consent to support your prosecution because the U.S. Constitution guarantees your right to be free from self-incrimination.

Post-Accident Drug Testing Procedures by Industry

Industries have different drug testing procedures for employers to follow after work-related accidents.

For example, private employers that are not regulated by the Department of Transportation are generally allowed to administer drug and alcohol tests. However, these companies’ testing procedures must be clearly stated in their drug and alcohol policies.

In contrast, employers regulated by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) must follow very strict procedures if a commercial driver employee commits a traffic violation that causes a serious accident.

The law requires that an alcohol test be administered within eight hours after the collision, while a drug test must be conducted within 32 hours.

Employers regulated by the Federal Aviation Administration (FAA) must conduct drug and alcohol tests on employees in sensitive positions if they are involved in accidents. These tests must be taken within 32 hours after the incident if drugs are involved and within eight hours if alcohol use is suspected.

If the tests are not conducted within the specified limit, the employer must provide a detailed reason as to why that was the case. While the results are pending, most employees are allowed to return to work, though there may be exceptions.

Federally Mandated Post-Accident Drug Testing Policy for Trucking Companies

On the other end of the spectrum, federal laws also require drug testing involving certain traffic accidents. When is a drug test required after an accident? The Federal Motor Carrier Safety Administration has mandatory testing for truck drivers in the following situations:

• When hired
• After truck accidents
• Randomly
• Upon reasonable suspicion of drug or alcohol use

This law applies to all trucking companies engaged in interstate commerce. In other words, the companies must implement a compliant alcohol and drug testing policy or risk losing their right to carry international or interstate loads.

State law still plays a part in the federal drug testing policy. States issue commercial driver’s licenses (CDLs). They receive notifications when CDL holders fail drug or alcohol tests. States determine whether to suspend a CDL after a failed test, how long the suspension will last and what the driver must do to regain their CDL.

Employer Post-Accident Drug Testing Laws by State

While the U.S. Constitution restricts the police, it does not limit employers. On the contrary, federal laws require certain employers, such as government contractors, to conduct post-accident drug and alcohol tests.

Most state laws leave the issue of drug testing up to the employer and employee. The theory is that employers may conduct drug and alcohol tests because workers can always find a different job if they disagree with the policy. Several states protect the worker’s right to a sound testing process.

Iowa, Montana, Hawaii, Maine, West Virginia and Oklahoma require employers who test to follow a written policy provided to workers. Oregon, Louisiana, North Carolina and Maryland require employers to use certain labs to perform tests. Minnesota requires employers to follow a written policy and use specific labs for their testing.

Several states provide even more protection to workers. Nebraska and Rhode Island block employers from using failed tests to fire workers unless they meet certain conditions. Connecticut and Vermont limit the grounds for conducting a test.

Nevada specifically protects some workers from being denied employment for failed marijuana tests. It also allows workers to obtain a second test at their expense to rebut a positive test result.

Other states swing in the opposite direction. These states encourage employers to use drug tests after workplace accidents to reduce workers’ compensation claims. An employer can seek a reduction in its workers’ comp insurance cost by implementing a drug testing policy in the following states:

• Alabama
• Arkansas
• Florida
• Georgia
• Idaho
• Kentucky
• Ohio
• South Carolina
• Tennessee
• Virginia
• Wyoming

States do not generally define the post-accident drug testing time frame. However, since different drugs have different half-lives, tests conducted quickly are more likely to accurately reflect the worker’s state at the time of the accident.

Contact ConsumerShield to Learn More About Post-Accident Drug Tests

Post-accident drug testing laws can be difficult for employers and workers to navigate. ConsumerShield helps businesses and employees understand their rights and find trusted legal advisors. Contact us for a free case review and an attorney referral.