It’s a common myth that you must test a driver after every single accident. This misunderstanding often leads to two costly mistakes: either testing unnecessarily, which wastes time and money, or failing to test when it’s required, which puts your company at risk. The federal government has a clear, flowchart-like process for determining when a post accident drug testing dot screen is mandatory. The decision hinges on specific outcomes, like a fatality, an injury, or a vehicle tow-away combined with a citation. This guide will clear up the confusion and give you the facts you need to make the right call.
Key Takeaways
- Understand the specific testing triggers: A DOT test is not required for every incident. It is only mandatory after a fatality, or when your driver receives a citation for a moving violation and the accident also involves an injury requiring immediate medical treatment or a vehicle being towed.
- Adhere to strict testing deadlines: You have a firm 8-hour window for alcohol tests and a 32-hour window for drug tests following an accident. If you cannot meet these deadlines, you must stop all efforts and create a detailed record explaining why the test could not be completed.
- Build your response plan in advance: A defensible program relies on three key elements: a clear written policy that outlines every step, well-trained supervisors who can make the right call under pressure, and a 24/7 testing partner who can respond immediately.
Understanding DOT Post-Accident Drug Testing
The moments after a vehicle accident are stressful and chaotic. Your first priority is the safety of your driver and anyone else involved. But as a manager of a DOT-regulated fleet, you also have a critical compliance responsibility: post-accident drug and alcohol testing. Getting this right is non-negotiable, and the rules can feel complicated when you’re under pressure. The key is to understand your obligations before an incident occurs so you can act confidently and correctly when it matters most.
It’s important to remember that these regulations aren’t about assigning blame. They are a core part of the Department of Transportation's mission to ensure public safety on our roads. The DOT has established very specific criteria for when a test is required. It’s not as simple as testing after every fender bender. Knowing the exact scenarios that trigger a mandatory test protects your driver, your company, and the public, all while keeping your operations compliant and defensible. Let’s walk through exactly what the federal rules say and how they apply to your drivers.
The Federal Rules: What 49 CFR Part 382 Says
The official guidelines for post-accident testing are laid out in the federal regulation 49 CFR Part 382.303. While the legal text can be dense, the requirements boil down to a few specific situations. A DOT-mandated drug and alcohol test is required if the accident involves a fatality. It's also required if your driver receives a citation for a moving violation and the accident results in either an injury requiring immediate medical treatment away from the scene or disabling damage to any vehicle that requires it to be towed away. If there's no fatality and no citation, a DOT test is not required, regardless of the circumstances.
Does This Apply to Your Drivers?
A common mistake is assuming that every accident involving a commercial motor vehicle requires a federal drug and alcohol test. The DOT rules are very specific and only apply to drivers who are required to have a commercial driver's license (CDL) and are operating a CMV. If an accident doesn't meet the specific criteria involving a fatality, a citation plus injury, or a citation plus a tow-away, then a federally mandated test is not necessary. It’s crucial for your supervisors and safety managers to understand these distinctions. This ensures you are not only fulfilling your DOT compliance obligations but also avoiding ordering unnecessary tests.
When Is a Post-Accident Test Actually Required?
After an accident, the last thing you need is confusion about your compliance duties. It’s a common myth that every single incident involving a commercial vehicle requires a DOT drug and alcohol test. The reality is that the Federal Motor Carrier Safety Administration (FMCSA) has a specific, flowchart-like set of criteria that must be met. Getting this wrong can lead to major headaches, from audit violations to legal liabilities, while testing unnecessarily costs you time and money.
Your supervisors are your first line of defense, and they need to be able to make the right call under pressure. The decision to test hinges on three key outcomes of an accident: whether there was a fatality, if someone was injured, or if a vehicle had to be towed. Understanding how these scenarios work, especially when a moving violation is involved, is fundamental to a compliant post-accident response program. The rules are straightforward once you know them, ensuring you can act confidently and correctly when an incident occurs. This protects your driver, your company, and everyone else on the road.
In the Event of a Fatality
This is the most clear-cut scenario in the DOT rulebook. If an accident involving one of your commercial motor vehicles results in a human fatality, your driver must be tested. It’s that simple. In this situation, it does not matter who was at fault, whether law enforcement issued a ticket, or where the accident occurred. The requirement for a drug and alcohol test is automatic for any surviving CMV driver involved. Your immediate responsibility is to ensure the driver is able to submit to a test as soon as possible, following the strict timelines set by the FMCSA regulations.
After an Injury or Vehicle Tow-Away
When an accident doesn't involve a fatality, the rules become a bit more conditional. A test is only required if a specific combination of events happens. First, consider if anyone involved suffered a bodily injury that required immediate medical treatment away from the scene. If so, you’re one step closer to a required test. The second possibility is if any vehicle involved sustained disabling damage and had to be towed away. If either of these conditions is met, you then have to look at the second critical piece: did your driver receive a citation for a moving traffic violation? If the answer is yes, a test is mandatory.
If a Driver Receives a Moving Violation
The moving violation citation is the key that turns a non-fatal accident into a required testing event. To be clear, a citation alone is not enough to trigger a DOT test. The accident must also result in either an injury requiring immediate medical care away from the scene or a vehicle being towed. Think of it as a two-part requirement. If your driver receives a ticket, but no one needed an ambulance and all vehicles drove away, no DOT test is required. This distinction is critical for supervisors making the call in the field, as it prevents unnecessary testing while ensuring you stay compliant when the situation demands it.
How Soon Does Testing Need to Happen?
When a qualifying accident happens, the clock starts ticking immediately. The Department of Transportation (DOT) has established strict, non-negotiable timelines for post-accident testing to ensure that results accurately reflect a driver's condition at the time of the incident. These windows are not suggestions; they are firm deadlines that every regulated employer must follow.
Failing to act quickly can lead to missed deadlines, which creates significant compliance headaches. Your supervisors and drivers need to understand that initiating the testing process is one of the first priorities after ensuring everyone is safe and medical needs are addressed. Having a plan in place with a responsive testing partner is the key to meeting these requirements without fail, even when an accident happens after hours or in a remote location. The goal is always to get the test done as soon as conditions permit within the required timeframes.
The 8-Hour Window for Alcohol Testing
For alcohol testing, the timeline is extremely tight. The DOT requires that an alcohol test be administered within eight hours of the accident. While the rule gives you eight hours, the best practice is to test within the first two hours. Alcohol metabolizes quickly, and any delay can affect the accuracy and relevance of the test results.
If you are unable to get an alcohol test completed within the eight-hour window, you must stop all attempts to administer one. At that point, your focus shifts to documentation. You are required to prepare and maintain a record explaining exactly why the test could not be performed in time. This isn't a loophole; it's a strict requirement for situations where testing is genuinely not possible.
The 32-Hour Window for Drug Testing
The window for post-accident drug testing is a bit more generous. A drug test must be completed within 32 hours of the incident. This longer timeframe accounts for the fact that controlled substances remain detectable in a person's system much longer than alcohol does. However, the expectation is still that you will conduct the test as soon as possible.
Just like with alcohol testing, if you cannot complete a drug test within the 32-hour deadline, you must cease your efforts. You are then required to document the specific reasons for the delay. Procrastination is not a valid reason, so it’s important to show that you made a consistent, good-faith effort to get the driver to a collection site in a timely manner.
What to Do If You Miss a Deadline
Missing a testing deadline can happen, especially after a serious accident in a remote area. If you find yourself unable to meet the 8-hour alcohol or 32-hour drug testing window, your next step is critical: you must document the reason for the delay. This isn't just a quick note. You need to create a formal record detailing why the test wasn't completed.
Valid reasons might include the driver requiring extended emergency medical care, road closures due to weather, or no testing facilities being available in a remote location. This file becomes a key part of your compliance records and demonstrates to auditors that you understood your obligations and were prevented from meeting them by circumstances beyond your control.
What Does the DOT Test For?
When it comes to post-accident testing, the Department of Transportation (DOT) leaves no room for ambiguity. The process is highly regulated to ensure every test is fair, accurate, and legally sound. The goal is to get a clear picture of whether a driver was under the influence of specific substances at the time of an incident. This isn't just about checking a box; it's about maintaining a defensible safety program that protects your company, your team, and your reputation in the event of an audit or legal challenge. Getting this process right is non-negotiable, as mistakes can lead to invalidated tests, fines, and increased liability.
The DOT mandates testing for two distinct categories: drugs and alcohol. Each has its own specific panel of substances, collection methods, and strict timelines. For example, alcohol metabolizes quickly, so the window for testing is much shorter than it is for drugs. Understanding these nuances is essential for any company managing DOT-regulated drivers. From the specific drugs included in the screening to the precise steps for handling a sample, every part of the process is defined by federal rules designed to produce reliable evidence. Let's break down exactly what a DOT test involves so you can be confident your program is compliant.
The Standard 5-Panel Drug Screen
The DOT requires a specific urine drug test known as the 5-panel screen. This test looks for five classes of drugs and nothing more. You can't add substances like benzodiazepines or synthetic cannabinoids to the required DOT test. The five substances included are:
- Marijuana (THC)
- Cocaine
- Amphetamines (including methamphetamine and MDMA)
- Opiates (including heroin, codeine, and morphine)
- Phencyclidine (PCP)
These are the only substances covered under the DOT’s regulated testing procedures. The sample is collected under strict protocols and sent to a SAMHSA-certified laboratory for analysis. This standardization ensures that every test across the country is performed the same way, providing consistent and reliable results that will hold up under scrutiny.
How Alcohol Testing Works
Unlike the drug test, which has a 32-hour window, the alcohol test is much more time-sensitive because alcohol metabolizes quickly. The DOT requires alcohol testing to be completed within eight hours of an accident, with the goal of conducting it within the first two hours. If a test can't be performed within the eight-hour timeframe, you must stop trying and document exactly why the deadline was missed.
The standard method is a breath test using an evidential breath testing (EBT) device approved by the National Highway Traffic Safety Administration. The process involves a screening test first. If the result is 0.02 or greater, a confirmation test is required after a waiting period of at least 15 minutes to ensure accuracy.
Protecting the Sample: Chain of Custody Rules
The chain of custody is one of the most critical parts of the entire testing process. It’s the unbroken, documented trail that accounts for the integrity of a urine or breath sample from the moment it's collected until the final result is reported. A proper chain of custody ensures that the sample tested in the lab is the same one the driver provided and that it wasn't tampered with at any point.
This process relies on the federal Custody and Control Form (CCF). Every step, from sealing the specimen with tamper-evident tape to its transport to the lab, is recorded on this form. Any break or mistake in this chain can compromise the test result, making it legally invalid. For employers, a defensible test result starts with a perfect chain of custody.
Who Can Conduct a DOT Post-Accident Test?
When an accident happens, the last thing you want to scramble for is a testing facility. Not just anyone can perform a DOT-regulated test. The entire process, from collection to review, is handled by trained professionals to ensure the results are accurate, confidential, and legally defensible. Understanding who these key players are and having them ready to go is a critical part of your compliance strategy. It ensures that when you need a test, it’s done right, every time.
Finding a Qualified Collector
The person who physically collects the urine or breath sample from your driver must be a qualified collector. This isn’t just a title; it means they have completed specific training to follow the strict DOT collection procedures outlined in 49 CFR Part 40. These protocols are designed to protect the integrity of the sample and the privacy of the employee. Using an unqualified collector can invalidate the entire test, leaving your company exposed. Your testing partner should always provide certified collectors who understand how to manage the chain of custody and handle every step of the process correctly.
The Role of the Medical Review Officer (MRO)
After the sample is analyzed at the lab, the results don’t go directly to you. They are first sent to a Medical Review Officer, or MRO. An MRO is a licensed physician who acts as an independent and impartial gatekeeper. Their job is to review and interpret the results. If a test comes back positive, the MRO will contact the driver to determine if there is a legitimate medical explanation, such as a valid prescription for a medication. This crucial step ensures fairness and protects both the employee and the employer from false positives.
Handling After-Hours and Emergency Tests
Accidents rarely happen during convenient business hours. A solid post-accident plan must account for nights, weekends, and holidays. Since the clock starts ticking immediately after an incident, you need a reliable way to get your driver tested within the strict DOT timeframes. This is where having a responsive testing partner is essential. You should have a plan in place that includes access to a 24/7 service with mobile and on-site collections. Waiting until Monday morning is not an option, so confirming your partner can dispatch a collector anytime, anywhere is key to staying compliant.
What Are Your Driver's Responsibilities?
After a qualifying accident, the focus shifts to meeting DOT requirements, and your driver plays a critical role in that process. Their actions directly impact your company’s compliance and their own career. It’s essential that every driver understands their obligations are not just company rules but federal law. They are your representative on the scene, and their decisions in the minutes and hours following an incident can have long-lasting effects on your safety record and potential liability.
From the moment an accident occurs, the driver has three primary duties: seek necessary medical attention, report the incident to you immediately, and cooperate fully with the testing process. This includes staying available for the test, providing a valid sample, and understanding the serious implications of a refusal. Clear communication and training on these points are the best ways to ensure a smooth and compliant response when an incident happens. A driver who knows what to do is an asset who protects themselves and your business. This section breaks down exactly what your drivers need to know about their responsibilities, from staying on-site to handling medical emergencies without jeopardizing compliance.
Staying Available for the Test
A driver's first responsibility after ensuring everyone is safe is to remain available for testing. They cannot leave the scene to go home or run errands. The clock on the federally mandated testing windows starts ticking immediately, so their cooperation is key. This means they should not consume any alcohol for at least eight hours or until they’ve completed a post-accident alcohol test, whichever comes first.
Drivers must stay in communication with their supervisor and be ready to travel to a collection site as soon as instructed. If they are transported from the scene for medical care, they are still required to undergo testing as soon as it’s medically possible. The core rule is simple: a driver must be available until the test is done or until a supervisor explicitly informs them that a DOT test is not required for the specific incident.
The Consequences of Refusing to Test
Under DOT regulations, refusing a required drug or alcohol test is treated the same as failing one. While a driver can technically say no, the consequences are severe and immediate. A refusal results in the driver being removed from all safety-sensitive duties on the spot. They cannot drive a commercial motor vehicle for your company or any other DOT-regulated employer.
What counts as a refusal? It’s more than just verbally declining. It also includes failing to appear for a test, not providing a sufficient specimen without a valid medical explanation, or being caught tampering with a sample. To be reinstated, the driver must complete the entire DOT return-to-duty process with a qualified Substance Abuse Professional (SAP), which is a lengthy and costly procedure with no guarantee of re-employment.
Are There Exceptions for Medical Emergencies?
Safety and health always come first. If a driver is injured and requires immediate medical attention, that is the absolute priority. A driver should never delay emergency medical care to complete a drug or alcohol test. However, an injury does not automatically cancel the testing requirement.
As the employer, you must still make a reasonable effort to have the test conducted once the driver has received medical care, as long as it’s within the 8-hour (alcohol) and 32-hour (drug) windows. If the driver’s medical condition prevents a test from being administered within the timeframe, you must carefully document the specific reasons why. This documentation is critical for your compliance records and explains why a required test was not completed.
What Happens If You Don't Complete a Required Test?
Missing a federally required post-accident test isn't a minor oversight; it's a significant compliance issue with serious consequences. The Department of Transportation (DOT) has strict timelines for a reason, and failing to meet them can expose your company to audits, fines, and legal trouble. If for some reason a test cannot be completed within the required window, your immediate next step is to create a detailed record explaining exactly why. Simply letting it slide is not an option and can create much bigger problems down the road.
The Risks for Your Company
When you fail to conduct a required test, you open your business up to intense scrutiny. Federal agencies can issue penalties, and a pattern of non-compliance can trigger a full-scale audit of your safety programs. It’s also important to apply your testing policy consistently. The Occupational Safety and Health Administration (OSHA) can investigate companies for improperly using post-accident tests to discourage incident reporting. If you can't complete a test, you must document the reasons why. This file should explain every attempt made and the specific circumstances that prevented the collection. This documentation is your best defense in an audit.
When a Driver Can Be Disqualified
A driver’s refusal to submit to a required post-accident test is treated as a positive result, which can lead to their immediate disqualification from safety-sensitive duties. But what if an accident doesn't meet the specific DOT criteria for testing? Your company policy can, and should, fill that gap. You have the right to require a non-DOT post-accident drug test based on your own internal standards. If a driver refuses to take a company-mandated test, you can take disciplinary action according to your policy, which may include termination. This is why having a clear, written policy that every driver has signed is absolutely critical for protecting your business.
Fines, Penalties, and Other Liabilities
The financial and legal fallout from a missed test can be severe. If an accident involves a fatality, a test is always required, and failing to conduct one will draw immediate regulatory attention. If you miss the 32-hour window for a drug test, you must stop all attempts and document the failure. This non-compliance can lead to steep fines from the DOT. Beyond fines, you expose your company to other liabilities. In the event of a lawsuit, failing to perform a required test can be used to argue that your company was negligent, making it much harder to defend your safety record and potentially leading to costly legal judgments. These serious repercussions make a compliant testing program essential.
Your Company Policy vs. DOT Rules
The DOT provides clear rules for when a post-accident test is mandatory, but what about accidents that fall into a gray area? This is where your company's internal policy becomes your most important tool. Think of federal regulations as the minimum standard. A well-crafted company policy builds on that foundation to create a comprehensive safety program that protects your drivers, your business, and the public.
Testing Beyond the Federal Minimum
Let's say a driver is involved in a minor fender-bender that doesn't trigger a mandatory DOT test. No one was hurt, and no vehicles were towed. Should you still test? Your company policy can give you the authority to do so. Many companies implement a "non-DOT Post-Accident drug test" for any accident to maintain a consistent safety standard. This shows you take every incident seriously. Just remember, these non-DOT tests must be conducted and recorded separately from DOT-required tests, using different forms and procedures to maintain compliance. It’s a smart way to manage risk across your entire operation, not just in federally defined scenarios.
Aligning Your Policy with Federal Mandates
While your policy can be more stringent than DOT rules, it can never be less. Your company’s drug and alcohol testing policy must incorporate all applicable federal regulations, including the specific post-accident testing criteria outlined in 49 CFR Part 382. This written policy is your operational playbook. It should be clearly communicated to every driver and supervisor, and you must apply it consistently to every situation. Having a policy that mirrors federal requirements ensures you have a clear, defensible process in place when an accident occurs, leaving no room for confusion or misinterpretation in a critical moment.
Weighing Insurance and Legal Factors
A strong post-accident testing program does more than satisfy regulators; it protects your business from significant liability. Insurance carriers often review safety policies when underwriting coverage, and a robust testing protocol can positively impact your rates. More importantly, it creates a defensible record in the event of litigation. Skipping a required test can lead to steep fines and audits. Inconsistent application of your own policy can also draw scrutiny from agencies like OSHA. A clear, consistently enforced post-accident drug testing protocol is one of the best ways to manage risk and demonstrate your commitment to safety.
Common Myths About Post-Accident Testing
When an accident happens, the last thing you need is confusion about your next steps. The rules for post-accident testing can seem complicated, and misinformation spreads easily. This can lead to missed tests, which puts your company at risk, or unnecessary tests, which can be costly and frustrating for your drivers. Let’s clear up a few of the most common myths so you can act with confidence when it matters most.
Myth: You Must Test After Every Accident
It’s a common reaction for managers to want a drug and alcohol test after any incident, no matter how small. However, the impulse to test after every single fender bender isn’t aligned with federal rules. The DOT regulations are very specific about when a test is mandatory. A test is only required if the accident meets certain criteria, such as involving a fatality, an injury requiring immediate medical treatment away from the scene, or a vehicle being towed. Just because an accident doesn't trigger a mandatory DOT test doesn't mean you can't test. You can still require a non-DOT test if it's supported by your internal company policy.
Myth: Testing Depends on Who Was at Fault
Many people believe that if their driver wasn't at fault, a test isn't necessary. This is a dangerous assumption. When it comes to DOT post-accident testing, determining fault is not the primary trigger. For example, if an accident results in a fatality, a test is required for any surviving commercial driver, regardless of who was to blame. The regulations focus on the severity of the crash and whether a citation was issued to your driver, not on an on-the-scene judgment of fault. The goal is to objectively determine if drugs or alcohol were a factor, which is a critical step in protecting everyone involved and ensuring a complete investigation.
Myth: It Violates a Driver's Privacy
Concerns about employee privacy are valid, but post-accident testing is a well-established and legal requirement for safety-sensitive positions. When conducted correctly, it is not a violation of a driver's rights. The key is having a clear, comprehensive company drug and alcohol policy that every employee acknowledges. This policy outlines the specific circumstances under which testing will occur, including post-accident scenarios. By agreeing to this policy, drivers understand that testing is a condition of their employment. This framework ensures the process is applied consistently and fairly, protecting both your company and your team by maintaining a safe, drug-free workplace.
How to Build a Compliant Post-Accident Program
A solid post-accident testing program isn’t just about following the rules; it’s about protecting your drivers, your company, and the public. When an accident happens, the last thing you want is confusion. Having a clear, defensible process in place ensures everyone knows exactly what to do, keeping you compliant and your operations secure. Building this program comes down to three core components: a clear policy, well-trained people, and a reliable testing partner who can respond when you need them most.
Putting these pieces together creates a system that works seamlessly under pressure. It removes guesswork for your supervisors, clarifies responsibilities for your drivers, and provides you with the audit-ready documentation needed to prove compliance. Think of it as a critical part of your safety infrastructure. A strong program demonstrates your commitment to safety and helps you manage the risks inherent in your industry, from DOT audits to potential legal challenges. Let’s walk through how to get each component right.
Develop a Clear, Written Policy
Your first step is to create a clear, written policy that serves as the playbook for your entire team. This document should leave no room for interpretation. It needs to state precisely when a post-accident test is required, outlining the specific DOT criteria for fatalities, injuries, and vehicle tow-aways with a citation. Your policy should also detail the step-by-step procedures your supervisors must follow, from securing the scene to initiating the testing process.
Make sure to include the timeframes for testing (8 hours for alcohol, 32 for drugs) and the consequences for refusing a test. A well-defined policy is your best defense in an audit or legal dispute. It ensures every incident is handled consistently and according to federal regulations, creating a defensible compliance program that protects your business.
Train Your Supervisors and Drivers
A policy is only effective if your team knows how to execute it. Your supervisors are your first responders in an accident scenario, and they need the training to act confidently and correctly. They must be able to assess the situation against DOT criteria to determine if a test is necessary. This training should cover documentation, how to manage the driver post-accident, and who to contact to arrange a test, especially after hours.
Drivers also need to understand their responsibilities. Your training should cover what to expect during the testing process, the importance of remaining available, and the serious consequences of a test refusal. The Federal Motor Carrier Safety Administration provides resources that can help shape your training programs. When everyone knows their role, the process runs smoothly and stays compliant.
Choose the Right Testing Partner
When an accident occurs, you need a testing partner who can respond immediately, day or night. Your partner should be more than just a collection site; they should be an extension of your safety team. Look for a provider with 24/7 mobile and emergency response capabilities, especially if your fleet operates in remote areas or around the clock. They must have deep expertise in DOT regulations to ensure every collection is performed correctly and the chain of custody is flawlessly maintained.
Your chosen partner must guarantee access to qualified collectors and a Medical Review Officer (MRO) to verify results. This relationship is critical for maintaining compliance and minimizing operational downtime. Choosing a reliable testing service gives you confidence that this critical part of your safety program is always handled professionally and defensibly.
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Frequently Asked Questions
Do I have to test my driver after every single accident? No, a federally mandated test is not required after every incident. The DOT has a specific checklist for this. A test is only mandatory after an accident involving a fatality, or if your driver receives a citation for a moving violation and the accident also results in either an injury requiring medical care away from the scene or a vehicle needing to be towed.
What if the accident wasn't my driver's fault? The DOT regulations for post-accident testing are not concerned with who was at fault. The decision to test is based entirely on the outcome of the accident. For instance, in the tragic event of a fatality, any surviving commercial driver involved must be tested, regardless of who was responsible for the crash. The rules are designed to be objective and focus on the severity of the incident.
What should I do if my driver is injured and can't get to a testing site right away? A driver's health and safety are always the top priority. If they need immediate medical attention, that comes before anything else. The testing requirement, however, still stands. You must make a reasonable effort to have the test conducted as soon as they are medically able, provided it is still within the 8-hour alcohol and 32-hour drug testing windows. If you miss a deadline for medical reasons, you must create a detailed record explaining exactly why the test could not be completed on time.
Can my company policy require a test even if the DOT doesn't? Yes, absolutely. Think of the DOT regulations as the minimum standard you must meet. Your company can have a stricter internal policy that requires a non-DOT drug test after any accident, no matter how minor. This is a smart way to maintain a consistent safety standard across your operations. Just remember to conduct and document these non-DOT tests separately from your regulated DOT testing program.
What is the most important thing my supervisors need to know? Your supervisors must be able to recall the three specific scenarios that trigger a mandatory DOT test. The first is any accident involving a fatality. The second is an accident where your driver gets a citation and someone requires immediate medical treatment away from the scene. The third is an accident where your driver gets a citation and any vehicle has to be towed. If an incident doesn't fit one of these three descriptions, a DOT test is not required.