How Long Does SAP Stay on Your Record?

July 13, 2024

Ophthalmologist's Department

If you're a commercial driver, the last thing you want is a Substance Abuse Professional (SAP) violation on your record. Not only does it jeopardize your livelihood, but it can also be a daunting obstacle to overcome. One of the most pressing questions drivers have is: "How long does SAP stay on your record?" Let's dive into the details.

Understanding SAP Violations

First, let's clarify what a SAP violation entails. The Department of Transportation (DOT) mandates that any safety-sensitive employees who test positive for drugs or alcohol must complete a return-to-duty process under the guidance of a Substance Abuse Professional. This process includes an initial evaluation, a treatment program (if necessary), and a follow-up evaluation. Only after successfully completing these steps can an employee be considered for return-to-duty testing.

The Clearinghouse: Your Record’s Keeper

The Federal Motor Carrier Safety Administration (FMCSA) has established the Drug and Alcohol Clearinghouse, a secure online database that keeps real-time information about drug and alcohol program violations for CDL holders. This is where your SAP violations are recorded.

Duration on Your Record:

  1. Five-Year Retention Period:The FMCSA Clearinghouse retains records of drug and alcohol violations, including SAP evaluations and return-to-duty statuses, for five years from the date of the violation or until the driver completes the return-to-duty process, whichever is later.
  2. Potential Extension:If you have not completed the return-to-duty process within the five-year period, the violation record will remain active in the Clearinghouse until you do so. This means that even if five years have passed, the violation can still affect your driving career if the required steps are not fulfilled.

Impact on Your Driving Career

Having a SAP violation on your record can have several implications:

  • Employment Opportunities: Many employers check the Clearinghouse before hiring drivers. A SAP violation can make it challenging to secure new employment in the trucking industry.
  • Insurance Rates: Your violation record can lead to higher insurance premiums for both you and your employer.
  • Reputation: Maintaining a clean driving record is crucial for your professional reputation. A SAP violation can tarnish your reputation and make it harder to build trust with future employers.

Steps to Mitigate the Impact

If you find yourself with a SAP violation on your record, it’s essential to take proactive steps to mitigate its impact:

  1. Complete the Return-to-Duty Process: The sooner you complete the necessary steps with a qualified SAP, the sooner you can start repairing your record.
  2. Follow-Up Testing: Be prepared for follow-up testing as mandated by the SAP. Consistently passing these tests is crucial to demonstrate your commitment to staying drug and alcohol-free.
  3. Stay Informed: Keep abreast of any changes in FMCSA regulations regarding SAP violations and the Clearinghouse. Compliance is key to ensuring that your record can be cleared as soon as possible.

Conclusion

A SAP violation is a significant mark on your professional driving record, but understanding its duration and impact can help you navigate the challenges it presents. By completing the return-to-duty process and adhering to follow-up requirements, you can work towards clearing your record and continuing your career in the trucking industry.

Remember, staying informed and proactive is essential. While the road may be tough, commitment to compliance and a clean record will pave the way to a successful driving career. Don't let a SAP violation derail your career. At Resilient Return, we specialize in guiding commercial drivers through the return-to-duty process with expert support every step of the way. Let us help you clear your record and regain your driving privileges. Contact us today to start your journey back to the driver's seat!

Karishma Sarfani

Karishma is a Qualified Substance Abuse Professional (SAP) with a background in mental health and substance abuse counseling, holding credentials as an MS, LCDC, ICADC, CADC II, CSAC, CASAC II, LPC, and EMDR-trained therapist. Inspired by personal experiences with addiction and mental health challenges in her community, she has dedicated her career to supporting individuals on their journey to recovery and success.