---
kind: "unit"
title: "49"
title_heading: "Transportation"
key: "subtA/part40/subpartN"
level: "subpart"
label: "Subpart N"
heading: "Problems in Alcohol Testing"
release: "ecfr-current"
date: "2026-08-27"
url: "https://uscodex.org/cfr/49/subtA-part40-subpartN"
sections_count: 9
---

# Subpart N — Problems in Alcohol Testing

Title 49 C.F.R. — Transportation › Subtitle A — Office of the Secretary of Transportation › Part 40 — Procedures for Transportation Workplace Drug and Alcohol Testing Programs

## Sections

- [§40.261. What is a refusal to take an alcohol test, and what are the consequences?](/cfr/49/40.261.md)
- [§40.263. What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?](/cfr/49/40.263.md)
- [§40.265. What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?](/cfr/49/40.265.md)
- [§40.267. What problems always cause an alcohol test to be cancelled?](/cfr/49/40.267.md)
- [§40.269. What problems cause an alcohol test to be cancelled unless they are corrected?](/cfr/49/40.269.md)
- [§40.271. How are alcohol testing problems corrected?](/cfr/49/40.271.md)
- [§40.273. What is the effect of a cancelled alcohol test?](/cfr/49/40.273.md)
- [§40.275. What is the effect of procedural problems that are not sufficient to cancel an alcohol test?](/cfr/49/40.275.md)
- [§40.277. Are alcohol tests other than saliva or breath permitted under these regulations?](/cfr/49/40.277.md)