Comeau v. State
In Comeau v. State, 758 P.2d 108 (Alaska App. 1988), a majority of the Court held that reckless driving is a lesser-included offense of driving while intoxicated when a defendant is charged under the "impairment" theory of AS 28.35.030(a)(1), "the element of intoxication is disputed, and . . . the prosecution supports its impairment case by proof that the defendant actually drove in an erratic or dangerous manner." (758 P.2d at 114.)
In Sum, reckless driving is a lesser included offense of driving while intoxicated if:
(1) The defendant is charged under the "under the influence" theory codified in AS 28.35.030(a)(1);
(2) The defendant disputes being under the influence;
(3) To prove the defendant's impairment.