What is the consequence of a cancelled alcohol test?
What is the consequence of a cancelled alcohol test?
A cancelled DOT alcohol test is considered neither positive or negative. Simply put, a cancelled test is to be treated as if it never occurred and no consequences should be given to the employee. An employer must never attach to a cancelled test the same consequences of a test result that is .020 or greater.
A cancelled test can occur when the BAT commits a fatal flaw, fails to correct a correctable flaw or due to an error with the evidential breath testing device that was being used.
When an alcohol test must be cancelled, if you are the BAT, STT, or other person who determines that the cancellation is necessary, you must inform the affected DER within 48 hours of the cancellation.