What 392.5A3-POSS means in plain language
This citation means a DOT officer found you in possession of an alcoholic beverage while you were on duty, operating a commercial motor vehicle, or in physical control of one. The rule is absolute: you cannot have an open or closed container of alcohol in your possession during any of these three situations.
It doesn't matter whether you were drinking from it, whether you intended to drink it later, or whether the container was sealed. If you're on the clock as a truck driver—whether actively driving or waiting for a load—and alcohol is in your possession, you're in violation. This includes beer, wine, liquor, and any beverage containing alcohol.
The federal standard applies nationwide and supersedes state and local rules. Many drivers mistakenly believe that storing a beer can in a sleeper berth is permissible if they're not actively driving, but federal FMCSR language prohibits possession while on duty or in physical control of the vehicle.
What our enforcement data actually shows
Our inspection records show that 392.5A3-POSS is cited infrequently in absolute terms. Across our 13 million+ inspections, we have recorded 3 citations for this code in the last 12 months and 3 all-time. However, when this violation is cited, the consequences are severe: 100.0% of these citations resulted in an out-of-service order.
To put that in perspective, the all-FMCSR average out-of-service rate is 31.4%. This code ranks #2551 out of 3,036 FMCSR codes by citation volume, making it relatively uncommon. However, its 100.0% out-of-service rate—compared to the 31.4% average—shows that enforcement is unforgiving when officers do write this ticket.
In the last 90 days, we saw 3 citations, all of which occurred in April 2026 and all of which resulted in an out-of-service placement. The consistency of the out-of-service rate across inspections indicates that inspectors treat alcohol possession as a straightforward, non-discretionary violation.
Who gets cited most
Our data from the last 180 days shows citations concentrated in two states:
- Arkansas (AR): 2 citations, 100.0% out-of-service rate
- Tennessee (TN): 1 citation, 100.0% out-of-service rate
Both states show a 100.0% out-of-service rate, meaning every driver cited in these states was placed out of service. This reflects the zero-tolerance nature of the violation rather than variation in enforcement severity.
Across all-time records, our data shows fleets such as PGT Trucking Inc, Goldstar Trucking Inc, and Golla Group LLC with one citation each. This does not imply systemic negligence at any carrier; rather, it reflects the rarity of the violation and the fact that citations are scattered across the industry.
How severe is this compared to similar codes
Alcohol and drug possession violations are treated as serious safety infractions. Peer codes in the controlled substances and alcohol category show how this violation sits in the enforcement landscape:
392.5A3-IDUI (possessing an intoxicating beverage regardless of alcohol content while on duty or operating a CMV) has 1,478 citations with a 96.8% out-of-service rate. 392.5(a)(3) (driver possession of alcohol while on duty or in physical control) shows 1,301 citations with a 98.2% out-of-service rate. 392.4A-DOSP (use of drugs) is far more frequently cited at 3,947 citations but maintains a 95.9% out-of-service rate.
The 100.0% out-of-service rate for 392.5A3-POSS is actually higher than most peer codes, suggesting that when this specific violation is documented, there is no discretion in removing the driver from service. Compared to the 96–99% out-of-service rates of similar alcohol and drug codes, this code is enforced with maximal consistency.
How to avoid it
The path to avoiding this citation is straightforward but requires discipline:
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Do not carry any alcohol in your truck, cab, sleeper berth, or personal bags while on duty. This includes closed containers. Even a beer can you bought before your shift started is a violation if you're still clocked in or in the vehicle.
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Know when you're "on duty." You're on duty from the moment you log in until you're relieved of duty. Stopping at a rest area or fuel station while logged on duty does not exempt you. If the container is in your possession and you're on duty, the violation applies.
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Conduct a pre-trip inspection of your cab and sleeper for any alcohol. If you're unsure whether someone stashed a container in your truck, do a walk-around before each shift. A roadside officer may search or observe your vehicle's interior.
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Inform your company of the policy and your compliance. Many carriers have driver handbooks covering this rule. Know your company's substance policy and any testing protocols in place.
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If you were cited at roadside, the out-of-service order means your vehicle was placed out of service immediately. You will be unable to continue the current run, and your carrier will likely be notified. The citation will remain on your record and may affect future employment, insurance, or CSA scores.
Our data shows that co-occurring violations on the same inspection are rare for this code, reflecting its isolated nature. The single instance of co-occurrence with brake-related violations underscores that alcohol possession can coincide with vehicle defects, so maintaining both personal sobriety standards and vehicle condition is essential to passing roadside inspection.