382.215 Positive Drug Test: What Happens Now

Yes. A 382.215 citation is OOS-eligible, meaning an inspector can place your truck out of service on the spot. However, our inspection records show zero citations for 382.215 all-time in our database, which means this violation is extraordinarily rare in roadside enforcement. For context, related drug and alcohol violations like 392.4A-DOSP show a 95.9% out-of-service rate across 3,947 citations, indicating that when similar substances violations are cited, removal is nearly automatic.

This violation carries a CSA severity weight of 10, which means each citation counts as 10 severity points in your BASIC 4 (Controlled Substances/Alcohol) category. In the CSA scoring system, these points are multiplied by the number of violations in your rolling 12-month window—so one 382.215 citation means 10 points added immediately. The Controlled Substances/Alcohol BASIC is one of four safety measurements that determine your FMCSA safety profile and potential for audit or enforcement action.

Immediate steps:

1. Do not operate. Accept the out-of-service order. Operating under a positive drug test verification is a federal violation with serious consequences.
2. Document the test. Request copies of the drug test result and verification procedure from the testing facility.
3. Contact your carrier. Notify your employer immediately. Most carriers have safety and compliance protocols for substance violations.
4. Consult your union rep or lawyer if applicable. Substance violations can affect licensing and employment.
5. Understand SAP requirements. The Department of Transportation requires drivers with verified positive tests to complete a Substance Abuse Professional evaluation and treatment before returning to duty.

382.215 is among the most serious violations in the Controlled Substances/Alcohol category because it involves verified test evidence and active operation. Peer violations in the same group show extremely high out-of-service rates: 392.4A-DOSP (95.9% OOS), 392.4(a) (96.9% OOS), 392.4A-DOSU (98.5% OOS), and 392.5(a)(2) BAC violations (99.2% OOS). These data points show that when inspectors cite substances or alcohol violations, trucks are nearly always removed from service. The severity weight of 10 places this in the upper range of FMCSR violations.

Yes. If you believe the citation is factually inaccurate—for example, the test result was incorrectly attributed to you, the verification procedure was flawed, or your identity was misidentified—you can submit a DataQs (FMCSA Query System) challenge. However, if the positive test result is verified and the drug test documentation is accurate, contesting the citation itself will be difficult. Work with a lawyer or professional advocate to evaluate whether procedural errors in testing or reporting exist before filing a challenge.

Based on our inspection database of 13 million+ roadside inspection records, 382.215 has zero citations all-time, zero in the last 12 months, and zero in the last 90 days. This is not because the violation is overlooked—it is because verified positive drug tests are typically handled through DOT medical certification processes and carrier internal investigations rather than discovered during roadside safety inspections. When substances violations are caught at roadside, they are typically cited under related codes like 392.4A-DOSP (3,947 citations) or 392.4(a) (3,919 citations), which address active drug use evidence.

Both. In FMCSA's CSA system, violations in the Controlled Substances/Alcohol BASIC category affect your driver safety profile and your carrier's safety profile simultaneously. This means the violation appears on your personal driving record and contributes to your carrier's fleet safety scores. If you move to another carrier, the violation remains on your driver record. Your new employer will see it during background checks and safety reviews, and it will factor into their insurance and compliance ratings as well.

A verified positive drug test result can result in CDL disqualification. Under 49 CFR 383.51, a driver who tests positive for controlled substances must complete a Substance Abuse Professional (SAP) evaluation and treatment program before being eligible to return to duty. Failure to complete SAP requirements or testing positive again can lead to permanent CDL revocation. This is separate from the 382.215 citation itself and is a federal requirement tied to the underlying drug test, not just the roadside inspection violation.