Can You Get a New DOT Physical After Failing the First One?

Summary:

• You can get a second DOT physical after failing, but you must provide complete and honest medical information each time
• Doctor shopping is illegal – you cannot keep visiting examiners until you get a passing result
• Providing false or incomplete information can lead to certificate revocation, fines, or criminal penalties
• Many disqualifying conditions (e.g., heart issues, sleep apnea, diabetes) may be resolvable with treatment or documentation
• Some determinations fall into “gray areas”, where different examiners may reasonably reach different conclusions
• If you disagree with a decision, you can formally challenge it under 49 CFR 391.47

You have done everything right: brought your medications, disclosed your pertinent medical history, and avoided caffeine and tobacco before your appointment. But then something goes wrong and the examiner fails you. As a commercial driver, you are in a safety-sensitive career and must get a Department of Transportation (DOT) physical for your job. You never expected to have a problem, but now you’re worried that you will lose your job. Can you get a second opinion?

You Can Get a Second Opinion, But Don’t Doctor Shop

Per the Federal Motor Carrier Safety Administration (FMCSA), you can get a second opinion from a different examiner. However, you must give an entire and honest medical history. You must still divulge any information that may have impacted on the determination of the first medical examiner. If the second examiner decides to disqualify you, you cannot keep visiting providers until you find one more lenient or less thorough. This is considered doctor shopping.

Both withholding medical information and doctor shopping are illegal and will get you in hot water. When completing your portion of the medical examiner report form, you must sign the following statement:

“I understand that inaccurate, false or missing information may invalidate the examination and my Medical Examiner’s Certificate, that submission of fraudulent or intentionally false information is a violation of 49 CFR 390.35, and that submission of fraudulent or intentionally false information may subject me to civil or criminal penalties.”

Penalties of Lying or Withholding Information

While you may want to be sneaky and get away with it, the risk outweighs the benefits. Lying on a DOT physical is a federal offense, and the punishment is equally as severe. Some of the consequences include:

• Your medical exam is nullified if they discover the information is not completely true
• You may be fined up to $250,000
• You could face up to five years in prison
• The FMCSA can also levy civil penalties against you for hiding a disqualifying condition or making a false statement
• Your liability for accidents on the road increases significantly
• You and your employer may be held financially and legally responsible for damage and injuries that occur while you are driving

Being Aware of Potentially Exclusionary Health Conditions

Before your physical, you should be aware of any health conditions you may have that may require additional documentation. You may need to bring medical records or letters from your treating provider if you have one of the following conditions:

• Certain Heart Conditions
• Epilepsy or Seizure Disorders
• Conditions Requiring Oxygen Support
• Inner Ear Diseases
• Conditions Causing Loss of Consciousness
• Hearing or Vision Loss
• Insulin-treated Diabetes
• Untreated Severe Sleep Apnea
• Large, Unrepaired hernias

There Are Some Gray Areas

All DOT medical examiners are required to undergo training and pass a certification test. They should all be following federal regulations and guidelines, but there are still several areas that are left to the discretion of the examiner. For example, you didn’t stand up straight when they recorded your height and you stood on the scale with your heavy work boots. Then, you report that your spouse sometimes says you snore. Examiners will understandably be concerned that you are at risk for sleep apnea with the information they have gathered.

However, one examiner could be cautious and insist on additional testing to rule out sleep apnea before clearing you to drive or only provide a temporary certificate. Another examiner may ask a few more questions and realize you only snore when your seasonal allergies are acting up. They may decide to pass you without any further testing. With the same information, two doctors can handle the situation in different manners.

The FMSCA doesn’t consider it doctor shopping if you have provided the same information and allowed them to make the safety call. One may be overly conservative, while the other may be more middle of the road.

If you have found fault with your medical examination and want to contest their decision, the FMCSA does allow you to submit proof to show why the initial medical examiner’s decision is unacceptable. Refer to 49 CFR 391.47 for further clarification and guidance.

Conclusion

Failing a DOT physical can feel overwhelming, especially when your livelihood depends on maintaining certification. However, it’s important to understand that a failed exam is not always the end of the road. You have the option to seek a second opinion, address underlying health concerns, and provide additional documentation when appropriate. The key is to remain transparent, follow the regulations, and avoid shortcuts like withholding information or doctor shopping. Ultimately, the DOT physical process is designed not to punish drivers, but to protect both them and the public by ensuring that everyone on the road is medically fit to operate a commercial vehicle safely.

Medical Review & Authorship

Written by: Dr. Jeffrey Carlson – Chief Medical Officer
Dr. Carlson leads TeamCME’s medical training programs and publishes regularly on DOT medical compliance and examiner best practices.

Reviewed by: Dr. Michael Megehee, DC, NRCME – Founder & Senior Advisor
FMCSA subject matter expert selected to help design the original NRCME educational curriculum and first exam questions.