Legal Solution
The response provided below is specific to labor & employment law attorneys in the jurisdiction of Wisconsin. If the response is inadequate, please submit a detailed inquiry.
Addressing Positive DOT Drug Screen Results: A Legal Dilemma in Wisconsin
D.M., the revelation of a positive result on your DOT alcohol and drug screen after 37 years of a blemish-free driving record is indeed alarming and challenging. Considering your commitment to the profession and a track record that boasts 3 million safe miles, such a sudden blip can be disconcerting. Often, many factors, including procedural errors, miscommunication, or consumption of certain prescribed or over-the-counter medications, can result in a false positive. Here is a brief guide on how you can potentially address this situation legally.
Relevant Legal Provisions
- Federal Motor Carrier Safety Administration (FMCSA) Guidelines: This provides detailed guidelines on the DOT drug and alcohol testing procedures.
- Wisconsin's Labor and Employment Law: This governs the rights of employees and obligations of employers in situations like drug testing and subsequent actions.
- FMCSA's Drug and Alcohol Clearinghouse: This serves as the main database where all such results and violations are recorded.
Potential Solutions
- Request a Retest: Often, laboratories allow for a retest in case an individual believes there has been an error in the initial testing. This can help in validating or refuting the initial results.
- Documentation of Medications: Always maintain a list of prescribed medications, over-the-counter drugs, and herbal supplements you are taking. These can sometimes result in false positives.
- Legal Counsel: Considering the implications of such a result, it would be prudent to find the right lawyer who specializes in labor and employment law in Wisconsin. They can guide you on the legal avenues available and represent you, if necessary.
- Challenge the Violation: The FMCSA’s Drug and Alcohol Clearinghouse allows individuals to challenge and potentially remove a violation. The process may require legal representation and thorough documentation.
Estimated Legal Fees in Wisconsin
| Service |
Average Cost |
| Initial Consultation |
$200 - $500 |
| Drug Retest (if not covered by employer) |
$100 - $200 |
| Representation in FMCSA Clearinghouse Case |
$1,500 - $3,500 |
| Full legal representation in court |
$3,000 - $7,000 |
Note: Prices vary depending on the complexity of the case and the reputation of the attorney.
Seeking Clarifications
Given the gravity of the situation and potential repercussions on your career and personal life, it's vital to act promptly. It would be beneficial to compare lawyers in your area to ensure you're represented by someone knowledgeable and experienced.
Relevant Questions for Your Situation
- Have you had any similar incidents or challenges in the past relating to drug or alcohol testing?
- Were you on any medication or consumed any substances, knowingly or unknowingly, that might have influenced the test results?
- Have you received any official documentation or notification other than the email mentioned?
Q1: Can a positive DOT drug test result be reversed?
While a positive result itself cannot be "reversed", it can be challenged. If procedural errors are identified or a legitimate reason for the positive result is recognized (e.g., prescribed medication), the violation can potentially be removed from the Clearinghouse.
Q2: How long does a violation stay on the FMCSA Clearinghouse?
Generally, a violation remains on the Clearinghouse until the driver completes the return-to-duty process and follow-up testing plan. This can vary from case to case, and there may be exceptions.
Q3: Can an employer fire me for a positive DOT drug test?
While employers have a responsibility to ensure the safety of their operations, they must also adhere to state and federal employment laws. Depending on the circumstances and company policy, termination is possible, but an employer should also consider rehabilitation or other alternatives.
Q4: What is the return-to-duty process after a positive drug test?
It typically involves an evaluation by a Substance Abuse Professional (SAP), followed by education or treatment. After completion, a return-to-duty test must be passed before resuming safety-sensitive functions.
Q5: Can I legally drive a commercial vehicle during the challenge process?
No. A positive result, even if under challenge, disqualifies a driver from performing safety-sensitive tasks, including driving a commercial vehicle. It's imperative to consult with a legal expert on the best course of action.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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