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O Trucking
FMCSA Violation Code

382.215 — Refusal to submit to controlled substance test

49 CFR 382 • Controlled Substances & Alcohol BASIC • Severity 10/10

Out-of-service eligible Driver citation CSA weight 10
OUT-OF-SERVICE eligible
Code
382.215
CFR section
49 CFR 382
BASIC
Controlled Substances & Alcohol
Severity
10/10
Out-of-Service
Yes
Unit type
Driver

What this violation means

Driver refused a required drug or alcohol test. 10 SMS points. Treated as a positive test for FMCSA Clearinghouse purposes — same career consequences.

Why this gets cited

Driver believes they will fail and refuses. Driver disputes the test request.

How to fix / prevent

All disputes go through the DOT process AFTER the test. Refusal forecloses all defenses.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 382.215 during a Level 1, 2, or 3 inspection, they can place the Driver OOS using the North American Standard Out-of-Service Criteria. OOS means the truck cannot move from the inspection site until the defect is corrected (vehicle OOS) or the driver is replaced (driver OOS). For carriers, every OOS violation adds time-weighted points to your CSA Controlled Substances & Alcohol BASIC — and it shows in the public SMS data within 30 days. For drivers, an OOS event stays on PSP for 3 years.

CSA / SMS impact

382.215 carries a severity weight of 10/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Controlled Substances & Alcohol BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Other violations in Controlled Substances & Alcohol

Related

Frequently Asked Questions

Can I be placed out of service for 382.215?
Yes. 382.215 is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 382 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 382.215 affect my CSA score?
382.215 stays in your CSA Controlled Substances &amp; Alcohol BASIC for <strong>24 months</strong> from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 10/10, so each citation contributes 30 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for <strong>36 months</strong> — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.
What's the difference between 382.215 and similar codes?
382.215 is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>382.213</strong> (Controlled substance use within 4 hours of duty); <strong>382.303A</strong> (Failing to conduct post-accident drug/alcohol test); <strong>382.305</strong> (Carrier failed to implement random controlled substances testing program). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

CSA scores rising? Get a compliance audit.

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