Does a truck driver have to take a drug and alcohol test after a crash?

Last updated October 7, 2026.

Sometimes. Federal rules require the trucking company to test its driver for alcohol and drugs after any crash in which someone died. After a crash where someone was hurt and treated away from the scene, or a vehicle had to be towed, the test is required only if the truck driver gets a ticket for a moving violation from the crash: within 8 hours for the alcohol test and 32 hours for the drug test.

The rule sits in a short window of time, so knowing it early matters for a Las Vegas truck accident claim. A truck driver can also be held to a lower alcohol limit than other drivers: 0.04 under both federal and Nevada law.

How does post-crash testing work after a truck crash in Las Vegas?

The trucking company, not the police, runs the federal post-accident test. Police may do their own testing as part of a criminal investigation, and the two can overlap.

The crash involves a truck that needs a commercial license. The testing rules cover drivers who must hold a commercial driver's license and their employers (49 CFR 382.103). For these rules, a commercial motor vehicle generally means one rated or weighing 26,001 pounds or more, one designed for 16 or more passengers, or one carrying placarded hazardous materials (49 CFR 382.107). The test rule covers occurrences on a public road in commerce (49 CFR 382.303), and it does not apply to a crash involving only boarding or getting off a parked vehicle, or only loading or unloading cargo.
The officer decides whether to cite the truck driver. For an injury or tow-away crash, that decision sets off the test. Ask the officer, or check the crash report, for whether a citation was issued and when. Our guide to getting a crash report in Las Vegas explains how to request one.
Alcohol test: as soon as practicable, ideally within 2 hours. If the employer cannot test within 2 hours, it must write down why. At 8 hours it must stop trying and write down why (49 CFR 382.303).
Drug test: as soon as practicable, cut off at 32 hours. If the drug test is not done within 32 hours, the employer must stop trying and keep a record of the reasons (49 CFR 382.303).
The driver must stay available. A driver who must be tested has to remain readily available or may be treated as refusing. Getting medical care or help at the scene comes first and does not count against the driver (49 CFR 382.303).
No drinking after the crash. A driver who must take a post-accident alcohol test may not drink for 8 hours after the crash, or until tested, whichever comes first (49 CFR 382.209).
Police tests can count. A breath or blood test for alcohol, or a urine test for drugs, done by police with independent authority satisfies the federal rule if it meets the testing requirements and the employer gets the results (49 CFR 382.303).
The records are kept for 1 to 5 years. The retention period depends on the result (49 CFR 382.401). The same clock problem applies to other trucking records, as our page on what records a trucking company must keep after a crash explains.

When is a test required?

This table follows the federal rule's own chart (49 CFR 382.303). "Cited" means the truck driver received a citation under state or local law for a moving traffic violation arising from the crash, within 8 hours (for alcohol) or 32 hours (for drugs).

Type of crash	Truck driver cited?	Alcohol and drug test required?
Someone died	Yes	Yes
Someone died	No	Yes
Injury treated right away away from the scene	Yes	Yes
Injury treated right away away from the scene	No	No
A vehicle disabled and towed away	Yes	Yes
A vehicle disabled and towed away	No	No

And once a test happens, these limits apply:

Rule	Limit	Source
Federal alcohol limit for safety-sensitive duty	0.04 or more is a violation	49 CFR 382.201
No duty within 4 hours after drinking	Any alcohol use	49 CFR 382.207
Nevada commercial driving limit	0.04 or more but less than 0.08, including when measured within 2 hours after driving	NRS 484C.120
Nevada limit for every driver	0.08 or more	NRS 484C.110
Federal drug rule	No duty while using a Schedule I drug, or other controlled drugs unless prescribed with advice it is safe to drive	49 CFR 382.213
Refusing a required post-accident test	Prohibited; the driver may not keep driving	49 CFR 382.211

What changes the answer

Whether the truck driver was cited, and when. In an injury or tow-away crash with no citation within the time limits, the federal rule does not require a post-accident test (49 CFR 382.303). A citation issued the next morning may trigger the drug test (32 hours) but not the alcohol test (8 hours).

What kind of vehicle it was. The testing rules reach only drivers who need a commercial driver's license, so a lighter box truck or van is often outside them (49 CFR 382.103, 382.107). The post-accident rule also does not cover a crash in a passenger car or multipurpose passenger vehicle driven for an employer unless it carries passengers for hire or placarded hazardous materials (49 CFR 382.303). Nevada's commercial driving law uses a similar definition: 26,001 pounds or more, 16 or more passengers, or placarded hazardous materials (NRS 484C.120). If the truck carried hazmat, the case also changes in other ways, covered in what changes when a hazmat or tanker truck causes the crash.

Alcohol or another cause. A test can rule impairment in or out, but many truck crashes involve fatigue or distraction instead. Our pages on truck driver hours-of-service limits and fatigue and on truck driver phone use cover those causes.

The level found. Punitive damages for impaired driving have their own Nevada statute: when a driver injures someone while violating NRS 484C.110, 484C.130 or 484C.430 after willfully drinking or using a substance, the injured person may recover punitive damages, and the usual cap does not apply (NRS 42.010). That statute does not list the commercial-driver section, NRS 484C.120. A truck driver between 0.04 and 0.08 may therefore fall under the general punitive damages rule instead, which requires clear and convincing proof of oppression, fraud or malice and carries a cap (NRS 42.005). Our page on punitive damages against a drunk driver in Nevada goes deeper.

What the company knew. Under the general punitive damages rule, an employer is liable for punitive damages for its employee's act only if it knew in advance the employee was unfit and hired or kept the employee with conscious disregard of others' safety, authorized or ratified the act, or was itself guilty of oppression, fraud or malice (NRS 42.007). A carrier may not let a driver work if it knows the driver is at 0.04 or more, drank within 4 hours, or used a banned drug (49 CFR 382.201, 382.207, 382.213). Prior positive results and refusals stay in the company's records for 5 years (49 CFR 382.401), which can show what it knew.

A criminal conviction. If the driver is convicted of a crime for the crash, Nevada law treats the conviction as conclusive evidence of the facts needed for civil liability for the injury (NRS 41.133). Our page on how a DUI criminal case and an injury claim work together in Las Vegas explains the two tracks.

For example: a citation that comes the next day

Imagine a hypothetical driver named Jamal whose pickup is struck at an intersection on Boulder Highway at 9 p.m. by a loaded dump truck, the kind that needs a commercial license to drive, making a left turn. Jamal is taken to a hospital, and his pickup is towed. At the scene, the officer does not cite anyone while the investigation continues.

The next afternoon, about 19 hours after the crash, the truck driver is cited for failing to yield. Under the federal rule, that citation came too late to require an alcohol test (8 hours) but within the 32-hour window for a drug test (49 CFR 382.303). In this hypothetical, the company must test the driver for drugs as soon as practicable, and if it does not finish by the 32nd hour, it must stop and write down why.

Now suppose the truck driver mentioned to a witness that he "had a couple of beers after work" before his shift. With no alcohol test, that statement, the timeline and any police test become the evidence. A carrier that knew about drinking within 4 hours of duty and let him drive anyway would face questions under 49 CFR 382.207. Jamal's next step is a written request that the company keep its testing records, including the record explaining why no alcohol test was done.

Common mistakes about truck driver testing

Assuming every truck crash means a test. Outside fatal crashes, the federal rule turns on a citation within the time limits.
Not asking whether the driver was cited. The citation, and its timing, decide whether a test was required. Ask the officer and check the report.
Taking "no test" as "not impaired." A missing test may mean the rule was not triggered, or that the company did not follow it. The required records explaining delays help tell which.
Ignoring police results. A police breath, blood or urine test can stand in for the employer's test, and it may be the only one that exists.
Waiting a year to ask. A negative test record may be discarded after 1 year (49 CFR 382.401).
Treating a low result as harmless. A level of 0.04 that would be legal for a car driver is a violation for a truck driver on duty (49 CFR 382.201; NRS 484C.120).

What to do this week

Write down the time of the crash, when police arrived, and anything the truck driver said about drinking, medication or rushing.
Find out whether the truck driver was cited, for what, and when; request the crash report.
Send the trucking company a written request to keep all post-accident testing records, including any record explaining a delayed or missed test.
Note whether the driver may have been tired or on a phone; see truck driver phone and texting rules.
If a criminal case is filed, keep the case number and court dates.
Read our post on dealing with accidents involving drunk drivers for the steps that apply to any impaired-driver crash.

Frequently asked questions

Who pays for and runs the federal test?

The employer, meaning the trucking company that employs the driver. The rule puts the duty to test on "each employer" for its surviving drivers (49 CFR 382.303), and the employer must give its drivers post-accident instructions before they drive.

Can I get the truck driver's test results?

Not by simply asking the company. In a lawsuit, you can request documents in the other side's control, and the company must respond in writing within 30 days (NRCP 34). Police test results may come through the criminal case or the police report.

What if the driver refused to be tested?

Refusing a required post-accident test is prohibited, and the company may not let a driver who refuses keep driving (49 CFR 382.211). Documentation of the refusal must be kept for 5 years (49 CFR 382.401).

Does a positive test prove the driver caused my crash?

Not by itself. It shows a rule violation, but you still need to show the driver's conduct helped cause the crash. Nevada then compares fault among everyone involved (NRS 41.141).

Is a prescription a defense?

Under the federal rule, a non-Schedule I drug is allowed only when prescribed by a practitioner who knows the driver's history and advised that it will not affect safe driving (49 CFR 382.213). Under Nevada's commercial driving law, being entitled to use a drug under state law is not a defense to driving under its influence (NRS 484C.120).

Do these rules apply to delivery vans?

Often not. The testing rules cover drivers who need a commercial driver's license, generally for vehicles of 26,001 pounds or more, and many delivery vans and smaller box trucks fall below that line (49 CFR 382.107). See whether federal trucking law applies to a box truck or delivery van.

If a truck driver who may have been drinking or using drugs hit you in the Las Vegas area, attorney Maysoun Fletcher can talk with you about what the testing rules mean for your case. Call 702-333-6339 for a free consultation.