# FMCSA - standing minimum annual percentage rate — DOT minimum random drug and alcohol testing rates by transportation mode

For FMCSA - standing minimum annual percentage rate, modal agency is Federal Motor Carrier Safety Administration; minimum random drug testing rate is 50 percent; minimum random alcohol testing rate is 10 percent; why the rate is set here is The FMCSA Administrator's decision to increase or decrease the minimum annual percentage rate for alcohol testing is based on the reported violation rate for the entire industry; regulatory basis is 49 CFR 382.305, verified against its source on 2026-09-16.

- **Mode and calendar year:** FMCSA - standing minimum annual percentage rate _(our reading, not quoted from the source)_
- **Modal agency:** Federal Motor Carrier Safety Administration
- **Minimum random drug testing rate:** 50 percent _(verified: appears in the quote below)_
- **Minimum random alcohol testing rate:** 10 percent _(verified: appears in the quote below)_
- **Why the rate is set here:** The FMCSA Administrator's decision to increase or decrease the minimum annual percentage rate for alcohol testing is based on the reported violation rate for the entire industry. _(verified: appears in the quote below)_
- **Regulatory basis:** 49 CFR 382.305
- **Source notice:** 49 CFR 382.305 -- Random testing

## What the source says

> (b) (1) Except as provided in <https://www.ecfr.gov/current/title-49/section-382.305#p-382.305(c)> paragraphs (c) through <https://www.ecfr.gov/current/title-49/section-382.305#p-382.305(e)> (e) of this section, the minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. (2) Except as provided in <https://www.ecfr.gov/current/title-49/section-382.305#p-382.305(f)> paragraphs (f) through <https://www.ecfr.gov/current/title-49/section-382.305#p-382.305(h)> (h) of this section, the minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. (c) The FMCSA Administrator's decision to increase or decrease the minimum annual percentage rate for alcohol testing is based on the reported violation rate for the entire industry. All information used for this determination is drawn from the alcohol management information system reports required by <https://www.ecfr.gov/current/title-49/section-382.403> § 382.403 . In order to ensure reliability of the data, the FMCSA Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. In the event of a change in the annual percentage rate, the FMCSA Administrator will publish in the Federal Register the new minimum annual percentage rate for random alcohol testing of drivers. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication in the Federal Register.

## Source

- https://www.ecfr.gov/current/title-49/section-382.305

Last verified: 2026-09-16. Review by: 2027-02-15.
Part of [DOT minimum random drug and alcohol testing rates by transportation mode](https://referencesource.org/dot-random-drug-alcohol-testing-rates-by-mode/).