Violation code

392.5(a)(3)

Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV

Controlled Substances/Alcohol3Non-OOS· SMS Appendix A v3.20

392.5(a)(3) is a Alcohol Possession violation under 49 CFR §392.5(a)(3). It falls in the Controlled Substances/Alcohol BASIC with a severity weight of 3/10. Nationally it was cited 4,282 times in the last five years, with an OOS rate of 98.0%.

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National roadside inspection stats

as of 6/20/2026

Inspections

4,250

that found this code

Violations

4,282

total written

OOS rate

98.0%

4,198 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 Possession
Regulation §: 392.5(a)(3)
Severity weight: 3
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.0.1; Updated description in 3.11 | Footnote: Violation added to the SMS as of July 1, 2013. Instances of this violation before, July 1, 2013 will not be included in the SMS; The description for this violation was updated in SMS with the September 25, 2020 snapshot.

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Challenging 392.5(a)(3) 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)(3) →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 Possession codes

Codes under the same FMCSA violation group

392.5A2-POS
3
Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV

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Frequently asked questions about 392.5(a)(3)

What does violation 392.5(a)(3) mean?

392.5(a)(3) is the FMCSA roadside-inspection violation code for "Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV", part of the Alcohol Possession group, cited under 49 CFR §392.5(a)(3).

What BASIC does 392.5(a)(3) affect?

392.5(a)(3) falls under the Controlled Substances/Alcohol BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.5(a)(3)?

392.5(a)(3) carries a severity weight of 3 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)(3) an out-of-service (OOS) violation?

No. 392.5(a)(3) 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)(3) add to a carrier's score?

The point contribution of 392.5(a)(3) depends on its severity weight (3/10) 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.

Can 392.5(a)(3) be challenged through DataQs?

Yes. If you believe 392.5(a)(3) 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)(3)Controlled Substances/Alcohol BASIC Carrier CSA lookup CSA glossary