You're also not guaranteed to get specified operation above 3.0V. I should guess it's intended to be a 2.5V supply part.
In practice, "3.8V abs max" probably means the device avalanches in the 5-8V range. If carrying much current in the process, destruction is sure to follow. It may survive under current-limited conditions, but need not function properly while doing so (often, the charge injection that occurs causes disruption of analog and digital functions -- transistors go leaky due to charge diffusion -- and operation grinds to a halt). You're also not guaranteed to get any consistent avalanche voltage from part to part; for all you know, one might start hogging current at 3.9V, or it might go double.
If you need a 3.3V supply (and don't want to bother with a 2.5V rail for just this thing), can you locate a substitute?
Tim