What happens when you're cited for 392.5A2-IP? We analyzed 691 all-time citations. Direct answers on OOS rates, next steps, and state hotspots.
Ranks #845 of 3,146 FMCSR codes by citation frequency • OOS rate of 99.0% is above the FMCSR-wide average of 33.3%.
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.
Direct answers grounded in TruckCodex inspection data
Yes. Across our 13 million inspection records, 392.5A2-IP results in an out-of-service placement 99.0% of the time—684 out of 691 all-time citations. That's 3.1 times the national average OOS rate of 31.4% across all FMCSR codes. Once you're cited for alcohol use, your truck is almost certainly coming off the road immediately.
First: you will be placed out of service. Second: you cannot operate a commercial vehicle until cleared by your carrier or DOT. Third: expect your carrier to conduct a full investigation. Our data shows 392.5A2-IP frequently co-occurs with 392.5A3-IDUI (intoxicating beverage possession; 22 shared inspections in the last 90 days) and 392.2 (operating while ill or fatigued; 14 shared inspections). Document everything. Contact your safety manager and union representative immediately. Do not drive again until explicitly authorized.
392.5A2-IP is among the most severe violations in the controlled substances category. Its 99.0% OOS rate matches or exceeds peer codes like 392.5(a)(2) at 99.2%, 392.5A3 at 99.2%, and 392.5(a)(3) at 98.2%. By contrast, the broader drug-use code 392.4A-DOSP has a 95.9% OOS rate. This violation is treated with zero tolerance across the industry.
In the last 180 days, Georgia leads with 16 citations, followed by Missouri and Minnesota with 13 and 12 respectively. California and New York also show 12 and 11 citations. All five states enforce this violation with 100.0% out-of-service rates. If you drive in these regions, enforcement is particularly strict and consequences immediate.
Citation volume has remained consistent. In the last 12 months, we recorded 407 citations for 392.5A2-IP across all inspections, averaging roughly 34 per month. The last 90 days show 77 citations. This is not a rare violation—it represents the 820th most-cited FMCSR code out of 3,036—but it remains one of the most consequential for your career.
If the citation is based on documentation error (incorrect driver name, wrong carrier USDOT, falsified inspection date) or equipment malfunction (breathalyzer calibration failure, missing inspection seal), you may have grounds for a DataQs (Roadside Data Review Request). You have 90 days from the inspection date. However, if the finding is substantive—a positive alcohol test or observed impairment—contestation is extremely difficult. Consult your carrier's safety and legal team immediately.
Federal Express Corporation has the highest citation count at 7, followed by J.B. Hunt Transport Inc., Ekjot Trucking Inc., Werner Enterprises Inc., and Western Express Inc., each with 4 citations all-time. Large carriers see more inspections overall, but the 99.0% OOS rate applies uniformly regardless of carrier size. This is a carrier-neutral enforcement priority.
Both. FMCSA Safety Management Guidelines track violations under two CSA BASICs: Controlled Substances/Alcohol (driver level) and Controlled Substances/Alcohol (carrier level). Your violation feeds both your personal driving record and your carrier's safety profile. It affects your future employability and your carrier's insurance rates and audit scores. This is not a one-person problem—it impacts everyone at your company.
Where 392.5A2-IP 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.