It’s the kind of news that makes every terminated driver’s blood run cold: Starting November 18, 2024, State DMVs began revoking commercial driving privileges for anyone with a “prohibited” status in the FMCSA Clearinghouse. That’s over 235,000 CDL holders watching their licenses — and livelihoods — vanish like exhaust smoke on a windy day.
For drivers who’ve been fired after a failed drug test, the question isn’t just about finding another job. It’s about whether they’ll ever drive commercially again.
Why This Hits Different
Your CDL isn’t just a piece of plastic — it’s your mortgage payment, your kids’ college fund, your identity. For America’s 3.5 million truck drivers, that license represents freedom and independence. But since the FMCSA Drug & Alcohol Clearinghouse went live in January 2020, every violation gets tracked, recorded, and shared nationwide. No more starting fresh at a new company. No more hoping nobody checks.
The numbers tell a brutal story: 283,349 drivers have at least one violation on record. Nearly half — 49.3% — haven’t even started the Return-to-Duty process.
Table of Contents
- The New Reality: Your CDL is on the Line
- What Firing Means for Your Clearinghouse Status
- The RTD Process: Your Only Path Back
- The Owner-Operator Option (Must Meet all DOT and State Requirements)
- The Timeline and Costs Nobody Talks About
- What Happens If You Don’t Complete RTD
The New Reality: Your CDL is on the Line
Under the new Clearinghouse II rule, this prohibited status now requires State Driver Licensing Agencies (SDLAs) to downgrade or revoke the driver’s CDL until they complete the RTD process. This isn’t a suggestion or a maybe — it’s federal law with teeth.
The moment you fail a DOT drug or alcohol test, you’re instantly placed in “prohibited” status. Your employer must immediately remove you from all safety-sensitive duties. If you’re 1,000 miles from home? Too bad. Park the truck.
What Firing Means for Your Clearinghouse Status
Here’s what many fired drivers don’t understand: Being terminated doesn’t exempt you from the RTD requirements. The violation stays in the Clearinghouse whether you’re employed or not. That failed test follows you like a shadow, blocking you from any CDL job until you complete the process.
Think you’ll just apply somewhere else? Every employer must check the Clearinghouse before hiring. They’ll see that red flag instantly. Any employer who hires a driver in prohibited status faces fines up to $25,000. Any driver who operates in prohibited status can be fined up to $2,500 and have their CDL removed permanently.
The RTD Process: Your Only Path Back
The Return-to-Duty process isn’t optional — it’s the only legal way back behind the wheel. Here’s what you’re facing:
- SAP Evaluation: Find a DOT-qualified Substance Abuse Professional (check our complete RTD guide for details)
- Complete Treatment/Education: Whatever the SAP prescribes
- Follow-up SAP Evaluation: Confirm you’ve completed requirements
- Return-to-Duty Test: Directly observed, must be negative
- Follow-up Testing: SAP determines actual time period and amount of test, up to five years
| RTD Process Timeline & Costs | Timeframe | Estimated Cost |
|---|---|---|
| Initial SAP Evaluation | 1-2 weeks | $400-$650 |
| Education/Treatment Program | 1 week – 6 months | $100-$5,000+ |
| Follow-up SAP Evaluation | 1 week | $00-$325 |
| RTD Drug Test | 1-3 days | $150-$250 |
| Follow-up Testing (6 minimum) | 12-60 months | $600-$3,000+ |
| Total Investment | 2-7 months | $1,250-$9,000+ |
Working Without an Employer: The Owner-Operator Option
If a driver does not have a current or prospective employer to send them for an RTD test, the driver may complete the one time register in the Clearinghouse as an owner-operator and designate a consortium/third-party administrator (C/TPA) for the limited purpose of completing the RTD test (Step 5 on your Clearinghouse dashboard).
This backdoor isn’t simple:
- Create a new Clearinghouse account as an “Employer”
- Select “Yes” for owner-operator status
- Designate a C/TPA to set up your RTD drug and/or alcohol test
- Do NOT apply for a USDOT number unless you have your own authority and rig
Remember: Return-to-duty testing can only be done when the driver is CURRENTLY EMPLOYED. If the driver is not employed, they cannot start their follow up testing plan until they are employed. The owner-operator route is your workaround, but requirements vary by state — check our state-by-state RTD guidelines.
CDL Revocation
State DMVs now revoke CDLs for drivers in “prohibited” status — no driving until RTD test is complete. Once the RTD test is entered in the Clearinghouse, you will be on Step 6 in the Clearinghouse. This will show potential employers that you are no longer prohibited to operate a CMV and under a follow up testing plan. You must sign a release for your SAP to send the employer your follow up testing plan. The SAP must verify the employer and Designated Employer Representative (DER). Follow up testing plans cannot be legally sent to recruiters. Drivers are not allowed to know their follow up testing plan. You will know that your follow-up testing plan has ended when your employer enters the final test in the Clearinghouse. The Clearinghouse will show your violation is closed. It is vital that you make sure your employer is legitimately registered in the Clearinghouse. You should keep a record all your follow up tests. If you change employment and your employer does not keep good records or goes out of business, you may have to start your plan from the beginning with your new employer. (SAPs do not receive information about your test). Best practice is to keep a hard copy and create a digital back up copy. You should initially receive a Control and Compliance Form (CCF). The CCF is a 3 copy form. One goes to the lab, one to the employer and one to the donor. Once the results are confirmed, you should contact the MRO (not the testing site) for your copy of the results. The MRO name and contact information will be at the top of the CCF.
Return-to-Duty Steps
Complete SAP evaluation, treatment, and RTD test to legally return to commercial driving.
Timeline & Costs
Expect 2–7 months and $1,250–$9,000+ in expenses to complete the RTD process.
Owner-Operator Option
Register as an owner-operator and designate a C/TPA to send you for the initial RTD test if unemployed.
The Timeline and Costs Nobody Talks About
“How long will this take?” Every fired driver asks. The truth ranges from a couple weeks to 5 years or more. It depends on how hard you hustle and whether you can pee clean.
The financial hit? Brutal. Your employer isn’t required to pay for any of it. You’re looking at thousands out-of-pocket while unable to work in your profession.
What Happens If You Don’t Complete RTD
Ignore the process? Here’s your future:
- CDL downgraded to regular license
- 5-year minimum before violation expires
- No commercial driving nationwide
- Potential permanent CDL revocation
41,029 drivers with violations haven’t even started the RTD process. They’re essentially giving up careers that took years to build.
Dave Mitchell, a Houston-based driver who completed RTD in 2023, puts it bluntly: “You either pay the price and get back on the road, or you find a new career. There’s no third option.”
The Bottom Line
Getting fired doesn’t end your RTD obligations — it complicates them. The driver’s CDL privileges are restored once they pass a required RTD drug and alcohol screening — before completing the rest of the process. But you need a path to that test, whether through a new employer willing to hire you or the owner-operator workaround.
The trucking industry runs on second chances and hard-won redemption. The RTD process is expensive, time-consuming, and humbling. But for drivers who’ve built their lives behind the wheel, it’s the only route home.
Whatever comes next, remember this: the road doesn’t care about your past — only whether you’re qualified to drive it today.
FAQ
Do I have to complete RTD if I’m fired?
Yes. The violation stays active regardless of employment status. Your CDL will be downgraded until you complete the the SAP program (Step 4) and obtain a RTD test (Step5).
Can I drive for another company without completing RTD?
No. All employers must check the Clearinghouse. Attempting to drive in prohibited status risks permanent CDL revocation and criminal penalties.
How long does the violation stay on my record?
5 years from the date of the violation, or until you complete RTD — whichever is longer.
What if I can’t afford the process?
Some SAPs offer payment plans. Consider the owner-operator option to get your RTD test (Step 5 in clearinghouse) while seeking employment. Drivers report that potential employers are more likely to take a second look if you are out of the “prohibited status,” on Step 6 in the Clearinghouse and under a follow up testing plan. You may, depending on the DMV in your state, have to re-apply for your CDL. this could involve taking the written and road test again. Most drivers are able to avoid the complete downgrade once they are in “no longer prohibited” status. The longer you stay in prohibited status on the Clearinghouse, the more likely you will have to re-apply for your CDL. States vary in time frames. You should check with your state DMV. The cost and time involved may be much greater if you wait too long.
Can I complete RTD without an employer?
Yes, by registering as a legitimate owner-operator in the Clearinghouse and designating a C/TPA to manage your testing.
Caution: While you registered as an owner/operator on the Clearinghouse for the purpose of obtaining your RTD test (Step 5), the regulation does not permit a C/TPA to do anything about Step 6 on the Clearinghouse. It is fraudulent for a C/TPA to tell you that they will take you through Step 6. If follow-up tests are conducted when a driver is not employed, an FMCSA auditor can decide to not accept any of those tests. In that case, the driver will have to repeat those wrongly-ordered follow-up tests when he eventually finds a job.
40.25 requires a new employer to request all return-to-duty information (return-to-duty test and follow-up tests) for the previous 3 years. If follow-up tests were conducted, those test result documents will have dates, making it easy for an auditor to determine that follow-up tests were ordered when the driver was not employed. Unfortunately, drivers who have paid for follow-up tests will have spent time and money needlessly.
* Same-day processing valid when all paperwork is received. © 2025 Return to Duty Drug Testing Services
