(a) A person is guilty of a class A misdemeanor if the person drives a commercial motor vehicle in this state
- (1) without being licensed or privileged in this state to drive a commercial motor vehicle;
- (2) during a period when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked, or the person has been disqualified, in this or another jurisdiction;
- (3) in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction;
- (4) during a period when that person has been disqualified from driving a commercial motor vehicle by a court or an administrative agency in this or another jurisdiction; or
- (5) in violation of an out-of-service order issued under AS 28.33.130 or under a law in another jurisdiction having substantially similar requirements.
(b) Upon conviction under (a)(2) — (5) of this section, the court
(1) shall impose a minimum sentence of imprisonment
- (A) if the person has not been previously convicted, of not less than 20 days with 10 days suspended, including a mandatory condition of probation that the defendant complete not less than 80 hours of community work service; or
- (B) if the person has been previously convicted, of not less than 60 days and a fine of $1,000;
- (2) may impose additional conditions of probation;
(3) may not
- (A) suspend execution of sentence or grant probation except on condition that the person serve a minimum term of imprisonment and perform required community work service as provided in (1) of this subsection;
- (B) suspend imposition of sentence; and
- (4) shall revoke the person's license, privilege to drive, or privilege to obtain a license, and the person may not be issued a new license nor may the privilege to drive or obtain a license be restored for an additional period of not less than 90 days after the date that the person would have been entitled to restoration of driving privileges.
- (c) In this section, “previously convicted” means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of a violation of this section, AS 28.15.291, or another law or ordinance with substantially similar elements.