What happens after a 392.4A-UI citation for drug use. Out-of-service rates, CSA points, and what drivers need to do next.
Ranks #1,256 of 3,146 FMCSR codes by citation frequency • OOS rate of 99.0% is above the FMCSR-wide average of 33.3%.
Driver on duty and under the influence of, or using a narcotic drug / amphetamine, which renders the driver incapable of safe operation.
Direct answers grounded in TruckCodex inspection data
Yes, almost certainly. Across our 13 million inspection records, 392.4A-UI citations result in an out-of-service placement 98.9% of the time. Of the 186 all-time citations in our database, 184 led to immediate OOS status. This rate is far higher than the 31.4% average across all FMCSR codes, making this one of the most serious violations on the road.
This violation carries a severity weight of 10 points. Under the CSA scoring system, your points are multiplied by the number of violations in a 30-day rolling window. If this is your only drug-use citation in the past month, you're looking at 10 CSA points in the Unsafe Driving BASIC. If you have multiple citations, the impact compounds—so immediate corrective action and documentation of any remediation steps can help with future audit reviews.
First: do not operate that vehicle. You will be placed out of service. Second: notify your carrier and insurance immediately. Third: seek evaluation and documentation of your sobriety or any underlying medical condition if applicable, as this can strengthen a DataQs challenge. Our inspection data shows 392.4A-UI is frequently cited alongside other violations like false duty records (395.8E) and fatigue violations (392.2RG), suggesting documentation gaps—gather yours now. Fourth: review the roadside inspector's written report for accuracy.
It is equally serious in enforcement terms. Our records show related peer codes in the same category—like 392.4A-DOSP (95.9% OOS rate) and 392.4(a) (96.9% OOS rate)—all produce out-of-service placements at 95%+ rates. The 392.4A-UI rate of 98.9% places it at the extreme end of enforcement severity. For context, the 392.5(a)(2) code (BAC 0.04+) carries a 99.2% OOS rate. All controlled substance and alcohol violations are treated as safety emergencies by inspectors.
Yes, you can file a DataQs Request for Data Review through FMCSA's national registry system. Challengeability depends on the type of evidence. If the inspector's finding was based on a breath or blood test, you can request records of the device calibration and the test protocol. If it was based on observation alone, you can dispute the officer's notes and request dash-cam or witness evidence. Document everything—sobriety statements from witnesses, medical records if applicable, proof of prescribed medications. FMCSA has 30 days to respond.
In the last 180 days, Iowa leads enforcement with 24 citations and a 95.8% out-of-service rate. North Carolina follows with 4 citations (100% OOS), and Illinois, New Mexico, and Texas each show 3 citations with 100% OOS placement. Iowa accounts for the bulk of the national enforcement activity for this code, suggesting heightened patrol focus or higher incidence in that region. If you operate in Iowa, be aware this violation is actively enforced.
Extremely urgent. The 98.9% out-of-service rate means you cannot legally operate until the citation is resolved. Recent enforcement is steady: in the last 12 months, our database recorded 97 citations nationally, with a spike in May 2025 (21 citations). The fact that nearly every citation results in immediate OOS status means your operation grinds to a halt the moment you're pulled in. Do not attempt to drive the vehicle. Work with your carrier's safety and legal team to address the underlying issue before seeking reinstatement.
Both. Under FMCSA's Compliance, Safety, Accountability (CSA) program, unsafe driving violations (including drug use) are attributed to both the individual driver and their carrier. The violation shows on your driving record and on the carrier's FMCSA safety profile—it affects their insurance premiums, audit risk, and potentially their authority to operate. Some carriers may choose to terminate your employment rather than retain a driver with a confirmed drug-use violation. The impact extends far beyond your own CSA score.
Where 392.4A-UI is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.