Direct answers on out-of-service rates, CSA points, and next steps for drivers cited under FMCSR 392.5(a). Data from 13M+ roadside inspections.
Ranks #1,350 of 3,146 FMCSR codes by citation frequency • OOS rate of 95.1% is above the FMCSR-wide average of 33.3%.
Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle
Direct answers grounded in TruckCodex inspection data
Yes, almost certainly. Across our inspection records, 392.5(a) citations result in an out-of-service order 95.0% of the time. Of 141 all-time citations in our database, 134 led to immediate out-of-service placement. This is far higher than the 31.4% average OOS rate across all FMCSR codes, making this one of the most serious violations an inspector can issue.
This violation carries a severity weight of 10 points. In the BASIC 4 category (Controlled Substances/Alcohol), your carrier accumulates these points over a rolling 30-month period. The higher the weight, the faster your carrier's BASIC score climbs. At 10 points per citation, a single 392.5(a) violation creates immediate, measurable safety profile damage that auditors and brokers will see.
First steps:
It's in the most serious tier. Among peer violations in the Controlled Substances/Alcohol category, 392.5(a) ranks in the middle by citation volume (141 all-time), but its 95.0% out-of-service rate matches violations like 392.4(a) (Use of Drugs, 96.9% OOS rate) and exceeds the all-code average by nearly 3× (31.4%). Related violations like 392.5(a)(2) (BAC 0.04+) show even higher OOS rates at 99.2%, but the possession finding itself is treated as a disqualifying event.
You have the right to contest the violation through FMCSA's DataQs system within the appeal window (typically 60 days). Your chances depend on the evidence. If the citation is based on documentation errors, witness misidentification, or procedural defects in the inspection, you have grounds. If the inspector directly observed possession or use, a contest is difficult. Work with your safety director or legal advisor to file a DataQs record request and build your case.
In the last 180 days, our records show 392.5(a) citations are concentrated in Illinois (20 citations, 95.0% OOS rate) and Texas (1 citation, 100.0% OOS rate). Illinois dominates the enforcement volume by a significant margin, suggesting stricter enforcement focus or higher violation prevalence in that state's carrier population.
Enforcement is active but uneven month-to-month. In the last 12 months, our database shows 38 total citations nationally. July 2025 was a spike with 9 citations; March 2026 had 7. Most other months averaged 1–3 citations. This is a low-frequency violation compared to mechanical failures, but when it occurs, the consequences are severe.
Our data reveals a pattern: when drivers are cited for 392.5(a), fatigue violations often appear in the same inspection. In the last 90 days, 392.2LC (Operating while ill or fatigued) co-occurred in 4 shared inspections. This suggests impaired judgment compounds multiple safety problems. Inspectors also document equipment issues—brake and cargo safety violations appeared alongside 392.5(a) citations, indicating poor overall compliance.
Where 392.5(a) is most commonly cited (last 180 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.