How Are FMCSA Minimum Annual Random Testing Rates Set, and What Are They This Year?

Motor carriers with CDL drivers run random drug and alcohol testing under 49 CFR 382.305. The rule sets a minimum annual percentage rate for each test type, measured against the average number of driver positions rather than the head count on a single day. These rates apply to the drivers covered by FMCSA drug and alcohol testing.

Rates for 2026. Section 382.305(b) sets the minimum random alcohol testing rate at 10 percent and the minimum random controlled substances (drug) testing rate at 50 percent of the average number of driver positions. FMCSA last changed the drug rate for calendar year 2020, when it raised the rate from 25 to 50 percent after its 2018 survey showed a random positive rate of 1.0 percent (84 FR 71527). FMCSA has not published a later rate change, and the DOT ODAPC random testing rate chart lists 50 percent for drugs and 10 percent for alcohol for calendar year 2026. Rates can change each January, so the chart is worth checking at the start of each year.

How FMCSA sets the rates. The FMCSA Administrator can raise or lower either rate based on industry data from the annual management information system reports required by 49 CFR 382.403 (see the DOT MIS report). A new rate is published in the Federal Register and applies starting January 1 of the following calendar year (49 CFR 382.305(c) and (f)).

How the drug rate moves. At 50 percent, FMCSA may lower the drug rate to 25 percent if the reported random positive rate is below 1.0 percent for two consecutive calendar years. At 25 percent, FMCSA raises it to 50 percent if the positive rate for any calendar year is 1.0 percent or higher (49 CFR 382.305(g) and (h)).

How the alcohol rate moves. At 10 percent, a random violation rate of 0.5 percent or more but under 1.0 percent raises the rate to 25 percent, and a violation rate of 1.0 percent or more raises it to 50 percent. A higher rate comes back down only after two consecutive years of data below the thresholds (49 CFR 382.305(d) and (e)).

Counting driver positions. The employer adds the covered drivers eligible for testing in each random testing period and divides by the number of periods. Only covered drivers go in the pool, and each covered driver must be in it. An employer may use a larger pool run by a C/TPA, but the employer stays responsible for meeting the required rate (49 CFR 382.305(j)). Pool design is covered in random drug testing policy.

Drivers under more than one DOT agency. A driver covered by two DOT agencies for the same employer is tested at the rate of the agency that regulates more than 50 percent of the driver's function. An employer covered by several agencies may keep separate pools or test a combined pool at the highest rate (49 CFR 382.305(n) and (o) and 49 CFR 40.347(b)(1)).