Alaska Statutes
Alaska Stat. § 28.33.030 (2026)
Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance
✓ current as of July 2026
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Sec. 28.33.030. Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.
(a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle
(1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or
(3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030, as if the person had been convicted of a violation of AS 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under AS 28.35.032, if arising out of a single transaction, are considered one previous conviction.
(a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle
(1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or
(3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030, as if the person had been convicted of a violation of AS 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under AS 28.35.032, if arising out of a single transaction, are considered one previous conviction.
Notes of Decisions
Cited in 6
cases, 1988–2008 · leading case: Haywood v. State, 193 P.3d 1203 (Alaska Ct. App. 2008).
Haywood v. State, 193 P.3d 1203 (Alaska Ct. App. 2008). “[1] Of these, subsection (a)(1) requires disqualification for a conviction under AS 28.33.030: driving a commercial motor vehicle while under the influence or with a blood alcohol content of .”
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “had probable cause to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the person was operating a motor vehicle, commercial motor vehicle, or aircraft…”
Javed v. Dep't of Pub. Saf., Div. of Motor Vehs., 921 P.2d 620 (Alaska 1996). “be limited to the issues of whether the law enforcement officer had reasonable grounds to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the person…”
Comeau v. State, 758 P.2d 108 (Alaska Ct. App. 1988). “AS 28.33.030(a)(1). It seems to me, however, that if our decision is correct that reckless driving is a lesser-included offense of DWI under AS 28.”
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “Indeed, the legislature previously recognized, in enacting AS 28.33.030(a)(@2), the statute prohibiting operating a commercial motor vehicle with a blood aleohol level of .”
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “AS 28.33.030(a). [6] It is well settled that non-test evidence by either lay witnesses or trained police officers concerning a party's intoxication is admissible.”
— Alaska Stat. § 28.33.030(a) — 2 cases
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “AS 28.33.030(a). [6] It is well settled that non-test evidence by either lay witnesses or trained police officers concerning a party's intoxication is admissible.”
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “Indeed, the legislature previously recognized, in enacting AS 28.33.030(a)(@2), the statute prohibiting operating a commercial motor vehicle with a blood aleohol level of .”
— Alaska Stat. § 28.33.030(a)(1) — 1 case
Comeau v. State, 758 P.2d 108 (Alaska Ct. App. 1988). “AS 28.33.030(a)(1). It seems to me, however, that if our decision is correct that reckless driving is a lesser-included offense of DWI under AS 28.”
— Alaska Stat. § 28.33.030(a)(2) — 3 cases
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “had probable cause to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the person was operating a motor vehicle, commercial motor vehicle, or aircraft…”
Javed v. Dep't of Pub. Saf., Div. of Motor Vehs., 921 P.2d 620 (Alaska 1996). “be limited to the issues of whether the law enforcement officer had reasonable grounds to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the person…”
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “Indeed, the legislature previously recognized, in enacting AS 28.33.030(a)(@2), the statute prohibiting operating a commercial motor vehicle with a blood aleohol level of .”
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