The FMCSA Drug and Alcohol Clearinghouse launched in January 2020 to solve a serious problem: drivers who failed or refused drug and alcohol tests were slipping through the cracks and moving between carriers without their violations following them. The FMCSA Clearinghouse closed that gap by creating a centralized database that tracks violations across the industry.

Six years in, the numbers show why it matters. As of mid-2025, more than 190,000 CDL drivers were in prohibited status, meaning they still hold commercial licenses but cannot legally get behind the wheel. That’s one in every 30 CDL holders registered in the system. And despite years of enforcement, Clearinghouse-related issues continue to rank among the most common FMCSA audit findings.

If you employ CDL drivers, you’re required to use the FMCSA Clearinghouse. Here’s what you need to know.

What Is the FMCSA Drug and Alcohol Clearinghouse?

The Clearinghouse is a secure federal database that tracks drug and alcohol program violations for CDL and CLP holders. It contains records of positive drug and alcohol test results, test refusals, and actual knowledge violations reported by employers. When a driver completes the return-to-duty process, that information is recorded as well.

The database gives employers, FMCSA, state driver licensing agencies, and law enforcement real-time access to violation records. With expanded state licensing agency integration now in effect, SDLAs submit and receive data directly through the system, making the process faster and more efficient. Violations and status changes appear more quickly, leaving carriers less room to claim they didn’t know.

Who Is Required to Use the Clearinghouse?

Any employer of CDL drivers subject to FMCSA drug and alcohol testing requirements must use the Clearinghouse. This includes:

• Interstate and intrastate motor carriers, including passenger carriers
• School bus drivers
• Construction equipment operators
• Limousine drivers
• Municipal vehicle drivers (waste management, public works, etc.)
• Federal agencies and other organizations that employ CDL drivers

Owner-operators are subject to both employer and driver requirements. Under the Clearinghouse rules, owner-operators must designate a consortium/third-party administrator (C/TPA) to handle their reporting requirements.

C/TPAs can conduct queries and report violations on an employer’s behalf, but the employer remains ultimately responsible for compliance.

What Clearinghouse Queries Are Required?

Employers must query the Clearinghouse at two key points:

• Pre-employment: Before hiring any driver to perform safety-sensitive functions, you must conduct a full query of their Clearinghouse record. The driver cannot get behind the wheel until the query is complete.
• Annually: At least once every 12 months, you must query the Clearinghouse for every CDL driver you currently employ.

A common mistake is treating “annual” as once per calendar year. It’s not. The requirement is every 365 days from the date of your last query on that driver. Failing to make that distinction is one of the top reasons carriers are cited during audits.

If you receive notification that a driver’s record has changed, you should conduct a follow-up query within 24 hours. That follow-up query resets the 12-month clock for your annual query requirement.

Keep in mind that relying solely on minimum requirements creates risk. A driver could fail a test shortly after their annual query and remain in your fleet for months before the next required check reveals their prohibited status. Some carriers run monthly or quarterly queries to catch issues more quickly.

What’s the Difference Between a Limited Query and a Full Query?

A limited query tells you whether a driver has any information in their Clearinghouse record, but it won’t show you the details. If the limited query comes back clean, you’re done. If it returns a hit, you’ll need to follow up with a full query to see what’s there.

A full query displays detailed violation information, including the violation type, date, and the driver’s return-to-duty status.

All pre-employment queries must be full queries. For annual queries on current employees, you can start with a limited query and only escalate to a full query if records are found.

What Are the Consent Requirements?

Both query types require driver consent, but the process differs.

For a limited query, you can obtain general written consent outside the Clearinghouse. This consent can span multiple years, provided the timeframe is clearly specified. FMCSA provides a sample consent form, but you’re not required to use their format.

For a full query, the driver must provide electronic consent within the Clearinghouse itself before you can access detailed information. This consent requirement applies to every full query, including pre-employment queries. The driver needs to be registered in the Clearinghouse to provide electronic consent.

The electronic consent requirement is a common area of confusion for many carriers. A Clearinghouse query is a background check, which means you need proper authorization before running it. Running queries without consent is a violation of federal law.

If a driver refuses to provide consent for a required full query, you must remove them from safety-sensitive functions until the query is completed and returns a “not prohibited” status.

What Violations Are Reported to the Clearinghouse?

The Clearinghouse contains records of drug and alcohol program violations that occurred on or after January 6, 2020. Reportable violations include:

• Positive drug test results (verified by a Medical Review Officer)
• Alcohol confirmation test results of 0.04 or higher
• Refusals to test
• Actual knowledge violations (based on direct observation, a traffic citation for DUI in a CMV, or information from a previous employer)

Marijuana remains the leading cause of driver disqualification, accounting for the majority of drug violations despite state-level legalization in many areas. Cocaine is second, followed by methamphetamine and amphetamine. Alcohol violations occur far less frequently than drug violations.

Employers must report violations within three business days of learning about them. Medical Review Officers report positive drug tests within two business days. Only DOT-required test results can be reported; non-DOT test results cannot be entered into the Clearinghouse.

How Long Do Violations Stay on a Driver’s Record?

Violations remain in the Clearinghouse for five years from the date of the violation, or until the driver completes the return-to-duty process and follow-up testing plan, whichever is later.

What Happens If a Query Reveals a Violation?

If a driver has an unresolved violation in the Clearinghouse, they are prohibited from operating a CMV or performing any other safety-sensitive function. The driver cannot return to duty until they have completed the full return-to-duty process, which includes:

• Evaluation by a substance abuse professional (SAP)
• Completion of any education or treatment recommended by the SAP
• A follow-up evaluation by the SAP confirming the driver is ready for return-to-duty testing
• A negative return-to-duty drug and/or alcohol test
• Completion of a follow-up testing plan as determined by the SAP

The employer is responsible for reporting the negative return-to-duty test result and the date the follow-up testing plan is successfully completed.

Currently, 62% of drivers with at least one violation remain in prohibited status, and nearly 148,000 of them haven’t even started the return-to-duty process. These drivers still hold commercial licenses. Without diligent query practices, any of them could end up in your fleet.

What Are the Penalties for Clearinghouse Violations?

Clearinghouse violations often start at a few thousand dollars per violation, but costs compound quickly when multiple drivers are involved or when violations overlap with other compliance gaps. Average settlements climb to over $8,000 when Clearinghouse issues are part of a larger compliance problem, with some cases reaching $20,000 or more.

Beyond the fines, violations affect your CSA scores, which can trigger focused audits and lead to higher insurance rates. If a prohibited driver is involved in an accident, the liability exposure can threaten your entire operation.

Need Help With Clearinghouse Compliance?

US Compliance Services helps carriers manage Clearinghouse requirements, conduct compliant queries, and keep driver qualification files audit-ready. Contact our team today to learn how we can simplify compliance and reduce risk.