FMCSA Drug & Alcohol Violations Explained (49 CFR Part 382 Guide)

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Drug and alcohol violations are among the most severe infractions in FMCSA’s regulatory system because they directly threaten public safety. Under 49 CFR Part 382, CDL drivers must adhere to strict rules regarding controlled substances, alcohol use, mandatory testing, and reporting requirements.

Unlike maintenance or paperwork violations, drug and alcohol violations result in immediate consequences, including automatic removal from safety-sensitive functions, mandatory SAP programs, and Clearinghouse documentation.

Introduction

FMCSA’s Drug & Alcohol Clearinghouse has significantly increased the visibility of violations. Every failed test, refusal, positive alcohol result, or SAP return-to-duty update is permanently recorded in the system. Inspectors, carriers, and enforcement officers can instantly access past violations, reducing the ability of drivers to hide drug or alcohol incidents by switching employers.

Why Drug & Alcohol Violations Are the Most Serious DOT Offenses

Drug and alcohol violations also carry the highest liability. A single impaired-driving crash involving a CMV can lead to massive lawsuits, criminal charges, and permanent business damage. For this reason, carriers are responsible for ensuring that all CDL drivers undergo required testing, training, and monitoring according to Part 382.

Positive Drug Tests – 382.213 & 382.215

A positive drug test is one of the most serious violations under 382.213 (Controlled Substances Prohibition) and 382.215 (Controlled Substances Testing). CDL drivers are prohibited from using controlled substances unless prescribed by a licensed medical practitioner who understands the demands of commercial driving.

Drug tests may detect:

Marijuana (THC)
Cocaine
Opiates
Amphetamines
PCP
Expanded opioid panel drugs

A driver receives a positive drug test result when the Medical Review Officer (MRO) confirms a lab-verified positive. Once confirmed, the violation must be immediately reported to the FMCSA Clearinghouse.

Consequences include:

Immediate removal from safety-sensitive duties
Mandatory Substance Abuse Professional (SAP) evaluation
Completion of prescribed treatment or education
Passing a return-to-duty test
Ongoing follow-up testing for 12–60 months

Common causes of positive drug tests:

Recreational drug use
Edible or CBD product contamination
Misuse of prescription medications
Performance-enhancing stimulant use
Driving under the influence of illegal substances

Carriers must enforce 100% compliance with Part 382 testing. If they knowingly retain a driver who failed a drug test, both the driver and carrier can face heavy penalties.

Positive Alcohol Tests – 382.201, 382.205, 382.207

FMCSA has zero tolerance for alcohol misuse among CDL drivers. Under 382.201, a driver cannot perform safety-sensitive functions with a BAC of 0.04 or higher. Part 382.205, a driver must not be on duty or operate a CMV under the influence of alcohol. Under 382.207, drivers are prohibited from consuming alcohol within 4 hours prior to performing safety-sensitive duties.

Violations occur when:

A driver reports to work with alcohol in their system
A random or reasonable suspicion test shows a BAC ≥ 0.04
A post-accident alcohol test returns a positive result
A driver drinks during their shift or during breaks
A driver is observed consuming alcohol in or around the vehicle

Consequences include:

Immediate removal from duty
Entry into the Clearinghouse
Mandatory SAP program
Return-to-duty process
Follow-up testing

Even a BAC between 0.02 and 0.039 requires temporary removal from safety-sensitive duties for 24 hours, though it is not considered a violation requiring SAP.

Alcohol violations are especially dangerous because impairment significantly increases crash risk. Investigators take alcohol misuse seriously and conduct detailed reviews of driver logs, prior violations, and carrier policies.

Refusal to Test – 382.211

A refusal to submit to testing is treated the same as a confirmed positive result under 382.211. FMCSA defines refusal broadly, any behavior that prevents the completion of a drug or alcohol test can be considered a refusal.

Refusal examples include:

Not reporting to the collection site
Leaving before testing is complete
Refusing to provide a specimen
Failing to provide enough urine with no medical explanation
Tampering or adulteration attempts
Refusing to allow an observed collection
Refusing breathalyzer testing
Not signing necessary documentation

Carriers often misunderstand refusal definitions, but FMCSA makes it clear:
If the testing process cannot be completed because of the driver’s actions, it is a refusal.

Consequences include:

Immediate removal from driving
Mandatory SAP evaluation
Return-to-duty testing
Follow-up testing for up to 5 years
Clearinghouse reporting

Refusals are among the most damaging violations because they imply intentional avoidance of testing. Inspectors and auditors look closely at refusal documentation to ensure the carrier followed proper protocol.

Random Testing Program Violations – 382.305

FMCSA requires every carrier to maintain a compliant random drug and alcohol testing program under 382.305. Failure to meet annual random selection percentages or properly document selections is a serious violation that can result in fines and audit failures.

Common random program violations include:

Carrier fails to reach annual testing percentage
Random pool not scientifically valid
Drivers not tested during their selection period
Carrier uses outdated driver lists
Incomplete or missing testing records
Owner-operators failing to enroll in a consortium/TPA
Random selections conducted improperly
No proof of driver notification

For 2025, FMCSA random testing requirements remain:

Drug tests: 50% of average number of drivers
Alcohol tests: 10% of average number of drivers

Carriers must demonstrate:

Proper selection method
Proper driver notification methods
Completed tests within the required timeframes
Secure documentation

During an audit, FMCSA will request:

Random selection documentation
Chain-of-custody forms
Test results
Driver pool lists
TPA or consortium agreements

Post-Accident Testing Violations – 382.303

Post-accident drug and alcohol testing is one of the most frequently misunderstood areas of FMCSA regulations. Under 382.303, carriers must conduct alcohol and drug tests following specific accident circumstances involving a commercial motor vehicle. Failing to conduct required post-accident testing is a serious violation that often leads to heavy fines and DOT audit failures.

Post-accident testing must occur when:

There is a fatality, regardless of fault.
The driver receives a citation AND someone receives medical treatment away from the scene.
The driver receives a citation AND the vehicle must be towed.

Timing requirements include:

Alcohol testing within 2 hours (up to 8 hours if delayed with documentation).
Drug testing within 32 hours.

Common violations include:

Carrier fails to test when required
Driver unavailable or not transported to testing site
Incorrect interpretation of whether a citation was issued
No documentation when testing cannot be completed
Driver sent for alcohol testing after the 8-hour limit
Drug test collected after 32 hours
Carrier confuses post-accident testing with non-DOT testing
Missing post-accident decision charts and policy documents

FMCSA auditors focus heavily on post-accident test records because these situations carry extremely high liability. A single missed test can result in enforcement action and jeopardize a carrier’s safety rating.

Reasonable Suspicion Testing Violations – 382.307

Reasonable suspicion testing under 382.307 requires carriers to test a driver for drugs or alcohol when a trained supervisor observes specific signs of impairment. These observations must be based on:

Appearance
Behavior
Speech
Odor

Many carriers receive violations because they do not have supervisors properly trained, or they fail to document observations before sending a driver for testing.

Common violations include:

Supervisor not trained within required guidelines
No documentation of observed behavior
Sending a driver for testing without reasonable cause
Failing to conduct testing when impairment is suspected
Delayed testing that exceeds alcohol testing timelines
No written reasonable suspicion policy

For alcohol testing, supervisors must act immediately. For drug testing, suspicion should be documented as thoroughly as possible, though drug testing windows are more flexible.

FMCSA auditors frequently request:

Supervisor training records
Observation documentation
Proof of timely testing
Company policies
Testing chain-of-custody forms

Failure to comply can result in violations for both the driver and the carrier.

Clearinghouse Violations – Part 382 Subpart G

FMCSA’s Drug & Alcohol Clearinghouse has transformed compliance enforcement by tracking all drug and alcohol violations nationwide. Under Subpart G of Part 382, carriers must perform queries, report violations, and prevent drivers with unresolved violations from operating CMVs.

Common Clearinghouse violations include:

Carrier fails to run pre-employment queries
Carrier fails to run annual queries on all CDL drivers
Carrier hires a driver with a “Prohibited” status
Carrier fails to report a test refusal
Carrier fails to report a positive test
Carrier fails to report SAP return-to-duty results
Driver fails to register for Clearinghouse
Driver does not consent to a query (automatic “prohibited” status)

Carriers can be fined up to $5,833 per violation (adjusted annually). During audits, Clearinghouse compliance is one of the first items inspectors review.

Violations are extremely damaging because they prove:

The carrier did not verify driver eligibility
The carrier ignored a known drug/alcohol violation
The carrier failed to report mandatory information

SAP & Return-to-Duty Violations – 40.281–40.313

Once a driver receives a drug or alcohol violation, they must enter the SAP (Substance Abuse Professional) process governed by 49 CFR Part 40. Many carriers receive violations for mishandling this process.

Common SAP/RTD violations include:

Allowing a driver to operate before completing RTD test
Not ensuring SAP evaluation occurs
Driver never completes education/treatment plan
Carrier does not conduct follow-up testing
Carrier loses documentation of SAP completion
Driver operates while still listed as “Prohibited” in Clearinghouse
Failure to track follow-up testing schedule (12–60 months)
Improper recordkeeping of SAP reports

The Return-to-Duty process requires:

SAP evaluation
Completion of recommended treatment or education
Return-to-duty drug test with a negative result
Follow-up testing schedule created by SAP
Ongoing follow-up compliance for multiple years

Non-compliance with any of these steps is a violation for both the carrier and driver.

Carriers often struggle with:

Tracking multi-year follow-up tests
Maintaining documentation
Managing SAP communications
Preventing drivers from operating prematurely

Key Takeaways

Drug & alcohol violations are among the most serious FMCSA offenses.
Violations result in immediate driver removal and mandatory SAP evaluation.
Clearinghouse compliance is now mandatory for all carriers and drivers.
Post-accident and reasonable suspicion testing violations carry heavy audit penalties.
Refusal to test is treated the same as a failed test.
Carriers must maintain a compliant random testing program.
SAP/RTD compliance requires tight documentation and long-term tracking.