Alcohol Timing
If the alcohol test is not administered within 2 hours, document why it was not promptly administered.
49 CFR 382.303 Visual Guide
FMCSA Post-Accident
FMCSA Post-Accident
Testing Flow Chart
A quick visual reference for employers and CDL drivers to determine when post-accident drug and alcohol testing is required after a fatality, injury crash, or tow-away crash involving a CMV operating on a public road in commerce.
Important: This page is a quick visual guide. Employers should still review the official FMCSA post-accident testing page and 49 CFR 382.303 before making a final determination.
Post-Accident Testing Decision Flow
Determine Type of Accident
Fatality Accident
Human fatality involving a CMV on a public road in commerce
Bodily Injury Accident
Immediate medical treatment away from the scene
Tow-Away Accident
Disabling damage to any motor vehicle requiring tow-away
Fatality = Test for Alcohol and Drugs
Was the CMV driver issued a citation arising from the crash?
Use the FMCSA post-accident rule for injury and tow-away crashes.
Yes
No
Post-Accident Testing Required
No Post-Accident Test Required
Alcohol Cutoff
If the alcohol test is not administered within 8 hours, stop attempts and document the reason.
Drug Cutoff
If the controlled substances test is not administered within 32 hours, stop attempts and document the reason.
Employers should also document any valid reason the required test was not completed within the required time limits.
Quick Box Diagram / Table
This mirrors the simple quick-reference table style from the FMCSA material.
| Type of Accident Involved | Citation Issued to the CMV Driver | Test Must Be Performed by Employer |
|---|---|---|
| Human Fatality | Yes | Yes |
| Human Fatality | No | Yes |
| Bodily Injury With Immediate Medical Treatment Away From the Scene | Yes | Yes |
| Bodily Injury With Immediate Medical Treatment Away From the Scene | No | No |
| Disabling Damage to Any Motor Vehicle Requiring Tow Away | Yes | Yes |
| Disabling Damage to Any Motor Vehicle Requiring Tow Away | No | No |
This quick table is intended as an easy visual tool for employers, DERs, fleet managers, and CDL drivers.
Employer Notes
A few practical reminders when post-accident testing may apply.
📋
Document delays
If the required test is delayed or missed, keep written documentation explaining why.
⏱️
Act quickly
Timing matters. Alcohol and drug testing have different deadlines.
🚛
Use the crash facts
Focus on fatality, injury requiring treatment away from scene, tow-away damage, and citation status.
Official Reference
FMCSA Federal Reference.