You can complete the SAP stages while unemployed
A former employer is not required to keep you employed while you complete the process. You can select a qualified SAP, complete the initial evaluation, complete the education and/or treatment prescribed by the SAP and attend the required follow-up evaluation even if you are not currently working.
The SAP must meet the qualification requirements in 49 CFR 40.281. If the evaluation is remote, DOT permits real-time audio and video evaluations when the technology protects confidentiality and the SAP remains within the geographic limitations of their professional credential. See online SAP evaluation requirements.
FMCSA has a specific no-employer RTD pathway
For CDL drivers regulated by FMCSA, older advice that a return-to-duty test is impossible without an employer is no longer complete. FMCSA's current Clearinghouse driver FAQ says that a driver without a current or prospective Part 382 employer may register in the Clearinghouse as an owner-operator for the limited purpose of completing the RTD process and designate a C/TPA.
Once designated, the C/TPA can direct the driver to the required RTD test and report the negative result to the Clearinghouse. FMCSA specifically says drivers using this limited option should not apply for a USDOT number merely to complete RTD.
You cannot simply order an ordinary test yourself
The FMCSA pathway does not mean any test purchased by the driver counts as a federal return-to-duty test. The test has to be directed and reported through the regulated process. For DOT drug testing, RTD collections are also conducted under direct observation as required by 49 CFR 40.67.
A negative RTD result can change an FMCSA driver's Clearinghouse status from prohibited to not prohibited when properly reported. It does not guarantee a job, require a carrier to hire you or make a separate employment decision for an employer. See employment after the SAP process for that distinction.
Follow-up testing begins with safety-sensitive duty
If you complete RTD before securing a job, the SAP's follow-up testing obligation does not disappear. FMCSA states that the follow-up plan must be administered by the driver's employer once the driver resumes DOT safety-sensitive work.
The regulatory minimum is six unannounced follow-up tests during the first 12 months of safety-sensitive duty, not simply six tests during the next calendar year. Breaks when you are not performing safety-sensitive work matter. Read how DOT follow-up testing works.