FMCSR 382.217: Refusing Drug/Alcohol Test — Q&A

This is a critical question, but our inspection records show zero citations for 382.217 across all time—both in our all-time database and in the last 12 months. With no documented out-of-service placements, we cannot establish an OOS rate for this specific code.

However, related violations in the same controlled substances category are nearly always out-of-service events. For context, peer codes like 392.4A-DOSP (use of drugs) have a 95.9% OOS rate, and 392.5(a)(2) (BAC 0.04+) reaches 99.2%. If you're cited under 382.217, expect immediate removal from service pending testing or clearance.

A 382.217 citation carries a CSA severity weight of 10 points. In the BASIC system, these points accumulate over a rolling 12-month window and are multiplied by frequency—meaning multiple violations in the same month multiply the impact significantly.

With a severity weight of 10, even a single citation is substantial. Combined with the out-of-service-eligible status and the serious nature of refusing a mandated test, this directly impacts your driver Safety Profile and your carrier's BASIC scores for Drug & Alcohol violations.

Immediate steps:

1. Do not operate a CMV until you've been cleared—this violation makes you out-of-service eligible.
2. Contact your carrier immediately—they need to report this to the FMCSA and their insurance.
3. Request the test if you haven't already—refusing compounds the violation.
4. Document everything—the citation, reason for refusal (if any), any medical issues, witness statements.
5. Consult your carrier's safety manager—they can advise on SAP (Substance Abuse Professional) requirements and re-certification.
6. Preserve all records—you'll need them if you file a DataQs challenge or if the carrier contests the finding.

Refusal sits in the highest-enforcement category. Across our inspection records, related violations show near-universal out-of-service rates: 392.5(a)(2) (BAC 0.04+) at 99.2% OOS, 392.4A-DOSU (use of drugs) at 98.5%, and 392.5(a)(3) (possession of alcohol) at 98.2%.

While 382.217 itself shows zero citations in our database, the regulatory framework treats refusal as equivalent to a failed test. A refusal is often treated more seriously than a failed result because it suggests obstruction, not just a positive result. Expect the same enforcement severity as an actual drug-positive finding.

Yes, you can contest any citation through the DataQs Roadside Examination Record (RDR) challenge process. However, success depends on the type of error.

Contestable grounds include:

• Incorrect citation code (cited 382.217 when a different code applies)
• Documentation errors (wrong driver ID, vehicle number, date)
• Factual disputes (you claim you did submit to the test)

Difficult to contest are findings based on officer observation and discretion (refusal itself). If the officer documented that you refused, DataQs challenge will focus on whether that refusal was lawful under the circumstances. Consult your carrier's compliance team or a transportation attorney before filing.

Our inspection records show zero citations for 382.217 across all time, so we cannot identify top states or geographic patterns for this specific code.

This absence of documented citations does not mean refusals never occur—it may reflect underreporting, different citation practices by state, or consolidation under related codes (like 392.4 or 392.5). If you're dealing with a refusal citation, check your inspection record and state traffic authority database to confirm the exact code cited and compare it to similar violations in your state.

Our records show zero citations in the last 12 months and zero in the last 90 days for 382.217. This is consistent with all-time totals—indicating either that this code is very rarely cited, or that refusals are typically cited under related codes instead.

In contrast, peer violations like 392.4A-DOSP (use of drugs) have 3,947 all-time citations. If refusals are occurring, they may be coded differently across jurisdictions. Check your state's violation database and your carrier's citation tracking to understand local enforcement trends.

Both. Under the FMCSA CSA system, violations in the Controlled Substances/Alcohol category appear on both your driver record and your carrier's record.

Your driver profile will show the 10-point severity weight and out-of-service action, affecting your employability across carriers. Your carrier's Drug & Alcohol BASIC score will also be impacted. This is why carriers take these violations seriously—they directly affect insurance rates, compliance ratings, and audit outcomes. The violation stays on your CSA record for 3 years from the violation date.