392.5(c) — Driving within 4 hours of consuming alcohol
FMCSA violation code under Controlled Substances/Alcohol. Severity weight: 8. Out-of-service eligible.
Violation Description
Operating a commercial motor vehicle within 4 hours of having consumed an intoxicating beverage.
About This Violation Code
Code 392.5(c) falls under the Controlled Substances/Alcohol BASIC category in FMCSA's Safety Measurement System (SMS). It carries a severity weight of 8 (scale 1-10, higher = more severe). This violation is Out-of-Service eligible, meaning the driver or vehicle may be placed out of service at roadside when cited.
When this violation is cited during a roadside inspection, it contributes to the carrier's Controlled Substances/Alcohol BASIC score. Carriers with high BASIC percentiles may be prioritized for FMCSA interventions including warning letters, investigations, or compliance reviews.
Regulatory Reference
Federal Motor Carrier Safety Regulations
This violation references 49 CFR 392.5 in the Federal Motor Carrier Safety Regulations.