Violation code

392.5(a)

Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle

Controlled Substances/Alcohol5Non-OOS· SMS Appendix A v3.20

392.5(a) is a Alcohol violation under 49 CFR §392.5(a). It falls in the Controlled Substances/Alcohol BASIC with a severity weight of 5/10. Nationally it was cited 284 times in the last five years, with an OOS rate of 92.3%.

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National roadside inspection stats

as of 9/20/2026

Inspections

200

that found this code

Violations

284

total written

OOS rate

92.3%

262 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

Violation group: Alcohol
Regulation §: 392.5(a)
Severity weight: 5
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

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Notes

DSMS: Y

What 392.5(a) means — and how to avoid it

In plain English

In plain terms, 392.5(a) is cited for driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle. It falls under the FMCSA rules on safe driving of commercial vehicles.

What the inspector checks

•Signs of impairment or possession
•Testing-program compliance where applicable

How to prevent it

✓Zero tolerance on duty; know your carrier’s testing policy
✓Never operate within the prohibited window after alcohol

How it affects your CSA

up to 15 pts (fresh)

Severity 5/10. A fresh citation counts at the 3× time weight — up to 15 points toward the Controlled Substances/Alcohol BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 392.5(a) through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Controlled Substances / Alcohol.

Common ways to challenge this code

Drug & Alcohol Clearinghouse record was misreported
The reported positive test, refusal, or violation was misattributed or already resolved through the return-to-duty process.
Evidence that wins
- ✓Clearinghouse query result for the relevant date
- ✓MRO (Medical Review Officer) report
- ✓Substance Abuse Professional follow-up plan completion

Common pitfalls — avoid these

⚠Drug & Alcohol challenges have high bar — engage the MRO directly before filing

⚡ Draft a challenge for 392.5(a) →Read the DataQs guide first

More codes in Controlled Substances/Alcohol

Same BASIC category — ranked by national citation volume

View all Controlled Substances/Alcohol codes →

Other Alcohol codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.5(a)

What does violation 392.5(a) mean?

392.5(a) is the FMCSA roadside-inspection violation code for "Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle", part of the Alcohol group, cited under 49 CFR §392.5(a).

What BASIC does 392.5(a) affect?

392.5(a) falls under the Controlled Substances/Alcohol BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.5(a)?

392.5(a) carries a severity weight of 5 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Controlled Substances/Alcohol score.

Is 392.5(a) an out-of-service (OOS) violation?

No. 392.5(a) is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 392.5(a) add to a carrier's score?

The point contribution of 392.5(a) depends on its severity weight (5/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 392.5(a)?

Zero tolerance on duty; know your carrier’s testing policy; Never operate within the prohibited window after alcohol.

Can 392.5(a) be challenged through DataQs?

Yes. If you believe 392.5(a) was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 392.5(a)Controlled Substances/Alcohol BASIC Carrier CSA lookup CSA glossary

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