Who has to be in a pool
Any driver of a vehicle that needs a CDL. That includes owner-operators. An owner-operator must be in a pool of two or more drivers, which means joining a consortium.
The 2026 rates
- Drug tests
- 50%
- Half the driver positions in the pool each year.
- Alcohol tests
- 10%
- One in ten driver positions in the pool each year.
In a consortium your drivers are part of a larger pool, and the pool is tested at these rates. You may be picked more than once in a year, or not at all.
How a pick works
- Picks are random. Every driver has the same chance each time.
- Tests are unannounced and spread through the year.
- Once told, the driver goes to the test site right away.
- Alcohol tests happen only just before, during or just after driving duty.
If you miss or refuse a test
Not showing up within a reasonable time counts as a refusal. That includes an owner-operator called by their consortium. A refusal takes you off the road until you finish the return-to-duty process, and it is reported to the Clearinghouse.
Sources
- 49 CFR 382.305: Random testing
- 49 CFR 382.103: Who the rules apply to
- 49 CFR 40.191: Refusing a drug test
- 49 CFR 382.501: Removal from driving duty
- 49 CFR 385.321: Automatic audit failures
- U.S. DOT: Random testing rates for 2026
This guide summarizes federal requirements and is not legal advice. Next: how to designate a C/TPA in the Clearinghouse.