But the cop was not acting as an agent of the employer

You want to play lawyer? Ok, I'll play.

The CDL testing you refer to is employer and employee requirements. It has very specific directions, requirements and exceptions the cop was not following. Are you saying that you want to put cops in the position to violate rights of individuals in order to facilitate employer mandates? Or add legal penalties that has nothing to do with loss of CDL?

Here's a bit back at you:

§382.111 Other requirements imposed by employers.
Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation.

Put some rockets on your rollerblades as you fly down that slippery slope.

What I'm getting at is that any time a cop - or a salesman, or anyone who wants you to do something you're not enthusiastic about - starts insisting that you have to do it right away "for your own good" it's best to delay it. If they're not willing to wait, there's something not kosher about the request.

"If you wait for your lawyer before answering these questions, I won't be able to help you." OK, thanks, I'll definitely wait for my lawyer then.

"I can't guarantee this offer will still be there tomorrow." OK, I'll talk to you tomorrow and see what the deal looks like then.

"If the other driver's family tries to sue for wrongful death, this guy's best defense will be a clean sample from immediately after the accident. If he's not conscious to give consent, would you agree to take the sample and give him the option to test it or dispose of it once he's awake?" Oh, that's actually pretty reasonable. Let me check with my supervisor.

But that's not what he said. There's clearly no reason for a police phlebotomist to do the draw unless he's a suspect. His reaction confirmed he was acting outside his authority, and the lieutenant who told him to do it was also wrong.

I was citing the CDL regs just to make the point that it's entirely normal for a professional driver to be tested after an accident, even if he's not believed to be at fault. Who normally performs that test, I didn't check.

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