What 382.217 means in plain language
382.217 prohibits refusing to submit to a required controlled substances or alcohol test. When a law enforcement officer or DOT inspector orders you to take a test—whether breath, blood, urine, or saliva—you must comply. Refusal itself is the violation, regardless of whether you would have tested positive or negative.
This is distinct from failing a test. You can be cited for 382.217 even if you have no drugs or alcohol in your system. The offense is the act of declining to participate in the testing process.
What our enforcement data actually shows
Across our 13 million+ inspection records, 382.217 shows zero citations in our all-time database, zero citations in the last 12 months, and zero citations in the last 90 days. The out-of-service rate is therefore 0.0%, reflecting no recorded enforcement activity for this code in our dataset.
While this code carries a CSA severity weight of 10 and is eligible for out-of-service placement, the absence of citations in our data suggests either very rare occurrence in roadside enforcement or possible bundling with related violations at inspection time. This stands in sharp contrast to related controlled-substance and alcohol codes in the same category, which collectively represent thousands of citations annually.
Who gets cited most
Because our database contains zero citations for 382.217, geographic or carrier-level patterns cannot be reported. The code does not appear in the top-cited violations across any state or major fleet in our records.
How severe is this compared to similar codes
While 382.217 itself shows no enforcement volume in our data, the controlled substances and alcohol category—to which it belongs—is heavily enforced. Our inspection records show:
- 392.4A-DOSP (Use of drugs) with 3,947 citations and a 95.9% out-of-service rate
- 392.4(a) (Use of drugs) with 3,919 citations and a 96.9% out-of-service rate
- 392.5(a)(2) (BAC 0.04+) with 778 citations and a 99.2% out-of-service rate
These peer codes demonstrate that alcohol and drug violations in this category are almost universally serious—with out-of-service rates routinely exceeding 95%. The zero-citation record for 382.217 may reflect either strict driver compliance with test orders or low-frequency deployment of the specific refusal citation in the field.
How to avoid it
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Know your rights and obligations. If a law enforcement officer or DOT inspector with authority requests a test, refusal is a separate violation. Do not refuse. Comply with the order and address any concerns through legal channels after the test.
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Stay sober on duty. The most effective prevention is never putting yourself in a position where a test is ordered. Avoid any use of controlled substances or alcohol during the on-duty window and prior to operating a commercial motor vehicle.
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Pre-trip accountability. Before every shift, conduct a brief self-assessment: Are you fit for duty? Have you used any substance—including over-the-counter medication—that could impair you or trigger a positive result? Alert your safety manager if you have questions.
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Understand random testing programs. If your carrier operates a DOT drug and alcohol testing program, you will encounter tests as part of pre-employment, reasonable suspicion, post-accident, and random protocols. These are mandatory. Mark the calendar and plan accordingly.
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Document your compliance. Keep records of any test you take—results, dates, and location. This paper trail protects you if disputes arise and demonstrates a pattern of cooperation with your carrier and regulators.