Drug and Alcohol Clearinghouse Requirements
The Drug and Alcohol Clearinghouse is FMCSA's online database of CDL drivers' drug and alcohol violations, and employers must check it. They run a full query before hiring and at least once a year, with each driver's consent. A violation stays until the driver completes the return-to-duty steps and 5 years pass. A prohibited driver can lose the CDL privilege within 60 days.
Facts checked October 16, 2026
Key Points
- Each employer and service agent must register with the Clearinghouse before it queries or reports. A driver must register to see his or her own record (49 CFR 382.711 and 382.709)
- An employer must not let a driver do safety-sensitive work until it runs a full pre-employment query. The driver must give specific consent (49 CFR 382.701(a) and 382.703)
- An annual query is also required. An employer may use a limited query with the driver's consent. If it shows a record, the employer must run a full query within 24 hours (49 CFR 382.701(b))
- Medical review officers report within 2 business days. Employers report by the close of the third business day (49 CFR 382.705)
- An employer may not use a driver who is prohibited. The exception is a driver who has finished the return-to-duty steps (49 CFR 382.701(d))
- A state must downgrade a prohibited driver's CDL or CLP within 60 days (49 CFR 383.73(q))
- A driver can see his or her record for free. A driver can ask FMCSA to fix an administrative error, but cannot contest a test result in this process (49 CFR 382.721 and 382.717)
Who reports to the Clearinghouse, and by when
| What they report | Deadline | |
|---|---|---|
| Medical review officer (MRO) | Verified positive, adulterated or substituted drug test results, and refusals the MRO decides | Within 2 business days (49 CFR 382.705(a)) |
| MRO, if a result changes | The changed result | Within 1 business day (49 CFR 382.705(a)(3)) |
| Employer or its service agent | Alcohol tests of 0.04 or more, refusals, negative return-to-duty tests, and completed follow-up testing | By the close of the third business day after getting the information (49 CFR 382.705(b)) |
| Employer or its service agent, actual knowledge | On-duty or pre-duty alcohol use, alcohol use after an accident, or controlled substance use | By the close of the third business day after getting the knowledge (49 CFR 382.705(b)(4)) |
| Substance abuse professional (SAP) | The driver's name and the date of the first assessment | By the close of the next business day (49 CFR 382.705(d)) |
| SAP, when treatment is done | That the driver is eligible for return-to-duty testing | By the close of the business day after the decision (49 CFR 382.705(d)) |
What is the Drug and Alcohol Clearinghouse, and who has to use it?
It is an online database run by FMCSA. It gives employers and government agencies real-time access to drug and alcohol program violations by CDL drivers. The employer rules cover drivers who are subject to testing under Part 382. Those are drivers who must hold a CDL or a learner's permit. Each employer and service agent must register before using it (49 CFR 382.711). An employer's registration lasts 5 years. FMCSA cancels a registration that has not queried or reported in 2 years (49 CFR 382.713). A driver must register to look at his or her own record (49 CFR 382.709). The Clearinghouse is at clearinghouse.fmcsa.dot.gov.
What queries does an employer have to run?
There are two. Before an employer lets a driver do safety-sensitive work, it must run a full pre-employment query (49 CFR 382.701(a)). A full query releases the driver's information to the employer, so the driver must give specific consent through the Clearinghouse (49 CFR 382.703). At least once a year, the employer must query every driver who is subject to testing (49 CFR 382.701(b)). For that yearly check, the employer may get the driver's consent to a limited query. A limited query only says whether a record exists. If it shows one, the employer must run a full query within 24 hours. If the employer fails to do that, the driver must stop safety-sensitive work. The driver may not return until the full query shows no prohibition. A driver who refuses consent cannot do safety-sensitive work (49 CFR 382.703(c)). The employer must keep a record of each query, and the consent, for 3 years (49 CFR 382.701(e) and 382.703(a)).
Who reports violations, and how fast?
Four kinds of people report. The MRO reports verified positive, adulterated and substituted drug tests, and the refusals the MRO decides. The employer or its service agent reports alcohol tests of 0.04 or more, other refusals, negative return-to-duty tests and finished follow-up tests. The employer also reports actual knowledge of alcohol or drug use that breaks the rules. The substance abuse professional reports the start and the end of the return-to-duty process. The table above shows the deadlines. Everyone must report truthfully (49 CFR 382.705(e)). FMCSA must tell a driver when information is added, changed, removed or released to an employer (49 CFR 382.707).
What does a prohibited status mean for a driver?
A driver may be prohibited for any of these: a verified positive test, an alcohol test of 0.04 or more, a refusal, or a reported violation of the drug and alcohol rules. Then the driver may not do safety-sensitive work, including driving a commercial motor vehicle (49 CFR 382.501 and 382.701(d)). The way back is the return-to-duty process in Part 40. The driver sees a SAP and finishes any treatment or education the SAP sets. Then the driver passes a return-to-duty test. Follow-up testing runs on the schedule the SAP sets (49 CFR 382.503). An employer may use the driver again once that is done. It may also use the driver after the first steps if the employer takes over the follow-up testing (49 CFR 382.701(d)). A state that gets notice of a prohibited driver must downgrade the CDL or CLP within 60 days. The driver may not drive until the state restores the privilege (49 CFR 383.73(q) and 382.503(b)). A state also checks the Clearinghouse when a driver applies for a CDL or CLP (49 CFR 382.725).
How long does a violation stay in the Clearinghouse?
Employers can see a violation until four things have happened. The SAP has reported the return-to-duty process. The employer has reported a negative return-to-duty test. The driver's current employer has reported that all follow-up tests are done. And 5 years have passed since the violation was determined (49 CFR 382.719). After that, the information is no longer available to an employer running a query. FMCSA can still use removed information for research, audits and enforcement.
How do you fix a mistake in your record?
A driver can ask FMCSA to correct administrative errors, such as a data entry mistake or a duplicate report of a positive result. A driver cannot use this process to dispute a test result or a refusal (49 CFR 382.717(a)). The petition must name you and your CDL number, explain what is wrong and include evidence. FMCSA decides within 45 days. If the error keeps you from working, you can ask for expedited treatment. FMCSA then answers within 14 days. If you think the decision was wrong, you can ask for an administrative review. FMCSA completes it within 30 days (49 CFR 382.717). A driver can also ask FMCSA to remove an employer's report of actual knowledge that does not meet the reporting rules.
What do owner-operators have to do?
An owner-operator with a CDL is both the driver and the employer. The rules define an employer to include a self-employed person, and a driver to include leased drivers and independent owner-operator contractors (49 CFR 382.107). An employer who employs himself or herself as a driver must name a consortium or third-party administrator to do the employer's reporting for his or her own drug and alcohol use (49 CFR 382.705(b)(6)). An employer must authorize any service agent to enter information for it (49 CFR 382.715) and must update changes to that agent within 10 days (49 CFR 382.711(b)(3)). The owner-operator also registers as a driver to see his or her own record. A motor carrier that puts a leased owner-operator to work must query that driver like any other, with the driver's consent.
Related Free Tools
New Authority Checklist
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Drug & Alcohol Testing Tracker
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CDL & Compliance Deadline Tracker
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Frequently Asked Questions
Do I have to pay to see my own Clearinghouse record?+
No. A driver may not be charged a fee to access his or her own information (49 CFR 382.721). You do have to register first (49 CFR 382.709).
Can an employer look at my record without my permission?+
No. An employer needs your written or electronic consent to query, and a full query needs your specific consent in the Clearinghouse (49 CFR 382.703). If you refuse, the employer may not let you do safety-sensitive work.
How long does a positive test stay in the Clearinghouse?+
Employers can see it until the SAP, the return-to-duty test and the follow-up tests are all reported and 5 years have passed since the violation (49 CFR 382.719).
Can I dispute a positive test result in the Clearinghouse?+
Not through the correction process. It fixes administrative errors, such as a data entry mistake or a duplicate report. It does not let you contest a test result or a refusal (49 CFR 382.717(a)).
What happens to my CDL if I am prohibited?+
The state must downgrade the CDL or CLP within 60 days of notice from FMCSA. You may not drive until the state restores it, which requires finishing the return-to-duty process (49 CFR 383.73(q) and 382.503).
Who has to run Clearinghouse queries?+
Employers of CDL drivers, before hiring and at least once a year. States also check it when a driver applies for a CDL or CLP. Employers must register first, and they may use a service agent to query or report (49 CFR 382.701, 382.711 and 382.725).
More federal trucking rules
- Hours of Service Rules for Truck Drivers
- ELD Mandate: Who Needs an ELD
- DOT Roadside Inspection Levels Explained
- DOT Drug and Alcohol Testing Rules
- Driver Qualification File Requirements
- DVIR and Vehicle Maintenance Rules
- New Entrant Safety Audit Requirements
- Hours of Service Exceptions and Exemptions
- Motor Carrier Insurance Requirements
- CDL Classes, Endorsements and ELDT Training
- DOT Physical and Medical Card Requirements
- Cargo Securement Rules for Trucks
- Hazmat Basics for Truck Drivers and Carriers
- USDOT Number and Biennial Update Requirements
- Safety Ratings, Compliance Reviews and DataQs
- Federal Truck Size and Weight Limits
- California Clean Truck Check (HD I/M)
- Truth-in-Leasing Rules for Owner-Operators
- Form 2290 Heavy Highway Vehicle Use Tax
- Truck Driver Phone, Texting and Seat Belt Rules
- Railroad Crossing Rules for Truck Drivers
- Truck Emergency Equipment and Warning Triangle Rules
- Truck Windshield, Dash Cam and Mirror Rules
- CDL Disqualification: Major and Serious Offenses
- Truck Tire Rules: Tread Depth, Retreads and Pressure
- Trailer Reflective Tape (Conspicuity) Rules
- Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
- Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
- English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
- Weigh Station Rules: Who Must Stop and What Happens If You Skip
- Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
- Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
Related terms and pages
Sources
- 49 CFR 382.701, Drug and Alcohol Clearinghouse (eCFR)
- 49 CFR 382.705, Reporting to the Clearinghouse (eCFR)
- 49 CFR 382.717, Procedures for correcting certain information (eCFR)
- 49 CFR 382.719, Availability and removal of information (eCFR)
- 49 CFR 383.73, State procedures: Drug and Alcohol Clearinghouse (eCFR)
- FMCSA Drug and Alcohol Clearinghouse
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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.