Controlled Substances/Alcohol
Drug and alcohol regulation violations
By Yurii Chornous · Updated June 2026
The Controlled Substances/Alcohol BASIC captures drug- and alcohol-related citations — possession, use, refusal to test, and CDL holder violations of 49 CFR Part 382. This BASIC carries some of the highest individual severity weights and triggers immediate OOS for the driver.
Codes
21
OOS-eligible
0
Inspections
49,168
Common examples
- ›Driver tested positive for controlled substance
- ›Driver refused to submit to test
- ›Possession or use of alcohol within 4 hours of going on duty
- ›Driver using or in possession of controlled substance
All Drugs & Alcohol violation codes
Ranked by national citation volume · 21 codes
| Code | Description | Pts | OOS | |
|---|---|---|---|---|
| 390.3E | Prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse. | 10 | Non-OOS | View → |
| 392.4A-POS | Driver on duty and in possession of a narcotic drug / amphetamine | 10 | Non-OOS | View → |
| 392.4A-DOSP | Drugs/Other Substances - Operate a CMV while in possession. | 10 | Non-OOS | View → |
| 392.5(a)(3) | Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV | 3 | Non-OOS | View → |
| 392.4A-DOSU | Drugs/Other Substances - Operate a CMV while under the influence or evidence of use within the past 24 hours. | 10 | Non-OOS | View → |
| 392.5A3-IDUI | Intoxicating - No driver shall be on duty or operate a commercial motor vehicle while the driver possesses an intoxicating beverage, regardless of its alcohol content. | 3 | Non-OOS | View → |
| 392.15 | Driver Prohibited from Performing Safety Sensitive Functions per 382.501(a) in the Drug and Alcohol Clearinghouse. | 10 | Non-OOS | View → |
| 392.4A-UI | Driver on duty and under the influence of, or using a narcotic drug / amphetamine, which renders the driver incapable of safe operation. | 10 | Non-OOS | View → |
| 392.5A2-DETECT | Driver having any measured alcohol concentration, or any detected presence of alcohol while on duty,or operating, or in physical control of a commercial motor vehicle | 5 | Non-OOS | View → |
| 390.3E-DAC | Prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse. | 10 | Non-OOS | View → |
| 392.5A2-IP | Intoxicating - No driver shall use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle. | 5 | Non-OOS | View → |
| 392.5A2-UI | Operating a CMV while under the influence of an intoxicating beverage regardless of its alcohol content. | 5 | Non-OOS | View → |
| 392.4(a) | Driver uses or is in possession of drugs | 10 | Non-OOS | View → |
| 382.501A-SSF | Drugs/Other Substances - Operating a CMV while recorded as prohibited from performing safety-sensitive sunction. | 10 | Non-OOS | View → |
| 392.15-SSF | Drugs/Other Substances - Operating a CMV while recorded as prohibited from performing safety-sensitive sunction. | 10 | Non-OOS | View → |
| 392.5A2-POS | Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV | 3 | Non-OOS | View → |
| 392.5(c)(2) | Violating OOS order pursuant to 392.5(a)/(b) | 10 | Non-OOS | View → |
| 392.5(a) | Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle | 5 | Non-OOS | View → |
| 392.5A1-I | Intoxicating - No driver shall use alcohol, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle. | 5 | Non-OOS | View → |
| 392.5A1 | Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle | 5 | Non-OOS | View → |
| 392.5C2-IOOS | Intoxicating - Driver violating any roadside out-of-service order regarding intoxicating beverages. | 10 | Non-OOS | View → |
Frequently asked questions
What happens if a driver tests positive?
Immediate OOS order, mandatory return-to-duty process through a Substance Abuse Professional (SAP), and the violation reported to the FMCSA Drug & Alcohol Clearinghouse.
Is refusal to test treated the same as a positive test?
Yes — under 49 CFR 382, refusal is treated identically to a positive test for both OOS and Clearinghouse reporting.
Explore other BASICs
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Operating a CMV in a dangerous or careless manner
Hours of Service
HOS rules, ELD use, and driver log accuracy
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Mechanical defects found at roadside inspections
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Driver Fitness
CDL, medical certification, and driver qualification
Crash Indicator
Reportable crashes from the past 24 months