392.5A2-UI: Operating Under the Influence – Driver Q&A

Yes, almost certainly. Across our inspection records, 392.5A2-UI resulted in an out-of-service placement in 78 out of 80 all-time cases—a 97.5% OOS rate. That is drastically higher than the 31.4% average OOS rate across all FMCSR violations. When a driver is cited for operating under the influence of an intoxicating beverage, the truck is removed from service on the spot in nearly every inspection we've seen. This is a zero-tolerance enforcement area.

The FMCSA assigns CSA points based on violation severity within the Controlled Substances and Alcohol BASIC category. A 392.5A2-UI citation carries serious point weight—this violation directly impacts your Safety Management Cycle score and your carrier's Compliance, Safety, Accountability profile. The exact CSA point total depends on your inspection date and the FMCSA's current point assignment table. Check your violation notice or contact your carrier's safety team for the precise points applied to your record.

Take these immediate steps:

1. Stop operating immediately. Your truck will be placed out of service; do not drive it.
2. Contact your dispatcher and safety manager before you leave the roadside.
3. Do not attempt to move the vehicle without explicit written clearance from your carrier.
4. Request the inspection report and citation details in writing.
5. Do not provide additional statements to the inspector beyond what has been documented.
6. Notify your insurance carrier as required by your policy.
7. Consult with your carrier's legal or compliance team before responding to the citation.

Our data shows that when 392.5A2-UI is cited, it frequently co-occurs with 392.5A3 (possession of alcohol while on duty)—check your full inspection report for all violations cited.

Yes, it is in the upper tier of severity. While 392.5A2-UI has 97.5% OOS rate, other related codes show similarly aggressive enforcement: 392.5A2-IP (intoxicated operation) has a 99.0% OOS rate, and 392.5(a)(2) (BAC 0.04+) reaches 99.2% OOS. Drug-related violations like 392.4A-DOSP (use of drugs) average 95.9% OOS. Operating under the influence sits alongside the most serious safety violations tracked in our 13 million+ inspection database. The only comparable severity is actual positive drug test results.

You can file a Roadside Data Review (RDR) challenge through the DataQs system if you believe the citation was issued in error—for example, if the inspection report contains a factual mistake about your identity, vehicle, or the date/location of the stop. DataQs challenges work best for documentation or procedural errors, not for contesting the officer's judgment of impairment. If you wish to contest the citation on grounds of incorrect findings, you will typically need to work through your carrier's compliance team and legal counsel. File any RDR within 60 days of the citation date for the strongest position.

Over the last 180 days, our inspection records show the highest citation volume in:

1. Iowa (IA): 9 citations, all resulting in out-of-service placement (100% OOS rate)
2. Texas (TX): 5 citations, all OOS (100% OOS rate)
3. Illinois (IL): 4 citations, all OOS (100% OOS rate)

All three states enforce this violation uniformly—every single citation resulted in immediate out-of-service placement. The uniform 100% OOS rate across these states reflects strict federal enforcement of impaired operation rules.

Over the last 12 months, we've recorded 45 citations for 392.5A2-UI. The monthly trend shows no consistent spike—citations averaged between 2 and 5 per month, with recent months (January–March 2026) averaging 5 per month. In the most recent 90 days, there have been 11 citations. While enforcement is steady rather than escalating, every single citation remains extremely serious: our data shows 97.5% result in immediate out-of-service placement. Consistency and certainty of enforcement make this violation a zero-tolerance risk.

Yes. A 392.5A2-UI violation records to both your driver history and your carrier's FMCSA CSA profile. The citation remains part of your Motor Carrier Management Information System (MCMIS) record and is visible to prospective employers, insurers, and regulators for the duration of the Safety Management Cycle. The violation affects both your individual CSA ranking and your carrier's Controlled Substances and Alcohol BASIC score. Prospective carriers will see this citation during background checks, which can impact hiring decisions. It is not specific to one employer—it is a federal record tied to your commercial driver's license.