DOT Drug and Alcohol Testing Defense
Are you an airman or safety-sensitive employee that’s tested positive on a Department of Transportation (“DOT”) regulated drug test? Has a Medical Review Officer (“MRO”) called to tell you that you failed a pre-employment, reasonable suspicion/cause, random, return-to-duty, follow-up, or post-accident DOT drug or alcohol test? Are you concerned that you may test positive on an impending DOT drug or alcohol test? Have you been accused of refusing a DOT drug test or have you been unable to give a specimen due to “shy-bladder” syndrome? If so, take the time to call an aviation attorney at The Ison Law Firm to determine if you have a sufficient explanation to avoid penalties.
Oftentimes, the best defense to a positive DOT drug test is to provide the MRO with a sufficient medical explanation. However, when an airman has no idea how a test shows positive, it may be necessary to determine if there were flaws in how the specimen was originally collected. This argument can be made by having a “split sample” tested, as well as having an aviation attorney carefully review the laboratory’s documentation in comparison with the DOT’s regulations. Remember, however, in the event that an airman is forced to argue that there was a problem with the specimen or the collection process, it is imperative to begin an investigation as soon as possible, so as to avoid losing the opportunity to have additional samples tested, as well as to protect any other necessary evidence.
Another common problem which occurs is when an airman with “shy-bladder” syndrome or who is otherwise unable to provide a specimen leaves the testing site before testing is complete. It should be noted that a test will be deemed a failure in the event that an airman leaves a testing site prior to test completion. Nevertheless, the unique facts and circumstances surrounding your situation should be analyzed by an aviation attorney to determine if your failure to provide sufficient specimen was handled correctly by the testing facility.
The penalties for failing a DOT drug test can be significant – leading to an airman potentially losing his or her FAA medical certificate or even possibly a suspension or revocation of an airman’s FAA airman certificate. Although physically located in Florida, The Ison Law Firm handles DOT drug testing defense nationwide. If you have any questions or are the subject of a FAA Emergency Order due to an issue with a DOT drug test, call your FAA enforcement attorney at The Ison Law Firm today.