Direct answers about 392.5A3 citations: out-of-service rates, severity, state enforcement, and what to do next based on 13M+ inspection records.
Ranks #1,054 of 3,146 FMCSR codes by citation frequency • OOS rate of 99.2% is above the FMCSR-wide average of 33.3%.
Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV
Direct answers grounded in TruckCodex inspection data
Yes. Across our inspection records, 392.5A3 citations result in an out-of-service placement 99.2% of the time. That's far higher than the all-FMCSR average of 31.4%. Of the 353 all-time citations in our database for this code, 350 drivers were placed out of service immediately. This is one of the most consistently enforced violations with near-automatic truck removal.
It's among the most serious. Our data shows peer violations in the same category carry similar weight: 392.5A3-IDUI (96.8% OOS rate, 1,478 citations), 392.5(a)(3) (98.2% OOS rate, 1,301 citations), and 392.5(a)(2) BAC violations (99.2% OOS rate, 778 citations). This code ranks #1031 of 3,036 FMCSR codes by citation volume, but its enforcement rate is nearly absolute—comparable to the highest-risk drug possession codes like 392.4A-DOSP (95.9% OOS).
First: comply with the out-of-service order—your truck will be removed from service. Second: contact your fleet or company's safety director immediately. Third: review what else was found on the same inspection. Our data shows 392.5A3 citations often co-occur with lamp failures (10 shared inspections in the last 90 days), fatigue violations (8 co-occurrences), and proof-of-inspection violations (7 co-occurrences). Document everything and consult your carrier's legal or compliance team without delay.
Iowa, Texas, and Illinois account for the vast majority of citations in the last 180 days. Iowa leads with 36 citations (100% resulting in out-of-service), followed by Texas with 32 citations (100% OOS rate), and Illinois with 11 citations (100% OOS rate). All three states showed zero tolerance—every single citation resulted in truck removal. Enforcement is heaviest in these regions.
Enforcement is volatile but elevated. In the last 12 months, we recorded 198 citations for this code. July 2025 was the peak with 25 citations, while April 2025 was the lowest at 6. The recent trend (January–March 2026) shows 12, 19, and 21 citations respectively, indicating sustained enforcement activity. This is not a rare violation—it appears in an average of 16.5 citations per month across our database.
DataQs is FMCSA's dispute system for roadside inspection records. Whether your citation is contestable depends on the evidence type. If the citation is based on a direct observation (officer saw alcohol in your possession), it's harder to challenge. If it's based on documentation errors or procedural issues, you have better grounds. Contact a compliance professional or attorney to evaluate your specific inspection report. The key is acting quickly—disputes must be filed within a defined window.
Both. FMCSA's CSA system flags violations to both the individual driver and the carrier. For your driver record, this violation impacts the Substance and Alcohol Misuse BASIC—one of the most serious CSA categories. For your company, it hits their Safety Management profile and can trigger audits or increased scrutiny. A single 392.5A3 citation is a red flag to insurers, brokers, and shippers for both you and your employer.
Freightliners account for 100 of the 353 all-time citations (28%), followed by utility vehicles at 39 citations, Kenworth at 38, and International at 35. The breakdown reflects the prevalence of these makes in the trucking fleet, but Freightliner drivers appear disproportionately represented in 392.5A3 enforcement. Whether that reflects inspection patterns, driver population, or actual violation rates cannot be determined from citation data alone.
Where 392.5A3 is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 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.