What Are the Penalties for Violating FMCSA Drug and Alcohol Rules?

Violations of FMCSA drug and alcohol rules carry civil penalties, and some carry criminal penalties. Section 382.507 provides that any employer or driver who violates Part 382 or 49 CFR Part 40 is subject to the civil and criminal penalty provisions of 49 U.S.C. 521(b). The dollar amounts sit in Appendix B to 49 CFR Part 386, which FMCSA adjusts for inflation.

Penalty amounts in the current eCFR text.

• Recordkeeping. Failing to prepare or keep a record required by Part 382 Subparts A through F, or keeping one that is incomplete, inaccurate or false, carries up to $1,584 for each day the violation continues, up to $15,846 (Appendix B, paragraph (a)(1)).
• Knowing falsification. Knowingly falsifying, destroying or changing a required record carries up to $15,846 when the falsification hides a violation other than a recordkeeping one (paragraph (a)(2)).
• Other employer violations. A violation of Part 382 Subparts A through F, other than recordkeeping, carries up to $19,246 for each violation (paragraph (a)(3)). Examples can include letting a driver work after a positive test, missing random testing rates, or skipping pre-employment testing.
• Driver violations. A driver who violates those subparts, other than recordkeeping, faces up to $4,812 (paragraph (a)(4)).
• Driving while out of service for alcohol. A driver placed out of service for 24 hours under 49 CFR 392.5 who drives during that period faces up to $3,961 for a first conviction and at least $7,924 for a later one (paragraph (a)(5)).
• Clearinghouse violations. Any employer, employee, MRO or service agent who violates Part 382 Subpart G, the Clearinghouse rules, faces up to $7,155 (paragraph (b)).

How violations are found. Penalties can follow a safety audit, compliance review or investigation. Common drug and alcohol findings are listed in FMCSA safety audit drug and alcohol violations. Using a driver who has engaged in prohibited conduct is a violation of 49 CFR Part 382 Subpart B.

Per violation and per day. The recordkeeping penalty runs per day, and the non-recordkeeping penalty runs per violation. A program missing random tests for several drivers, or missing pre-employment results for several hires, can produce several counts. Clean record retention reduces exposure on the recordkeeping side.

Other consequences. Civil penalties are separate from operational consequences such as a failed new entrant audit or a downgraded safety rating under Part 385, and from the license consequences a driver faces.

Amounts change. FMCSA updates Appendix B for inflation, so the figures above reflect the eCFR text current as of October 22, 2026. The amounts are maximums, and the penalty assessed in a given case can be lower.