Records Retention

Per §40.333(a): positive results, refusals, SAP reports, and follow-up testing schedules — 5 years. EBT calibration records — 2 years. Negatives, cancelled tests, and alcohol < 0.02 — 1 year. Records on legal hold are exempt from purge regardless of age. Purges are permanent and write a final audit-event entry.

Test forms

Form type Donor Result Created Retain until Status

Equipment / EBT calibration records

Only EBT items get a §40.333(a) 2-year retention. Other equipment categories have no DOT-mandated retention period and are not listed.

Type Item Last calibration Retain until Status

Activity events (audit trail)

5-year retention applied as a catch-all so the audit trail covers the longest retention any referenced record could carry.

Kind Title Occurred Retain until Status