All that is required is to show that at the time of driving the vehicle, resulting in the accident, the driver was under the influence of alcohol
Drunken driving, which is a criminal offence, under S. 185 along with its criteria of alcohol-blood level is not the only way to prove that a person was under the influence of alcohol. If the Breath Analyser or any other test is not performed for any reason, the Insurer cannot be barred from proving his case otherwise
It is not necessary for the Insurer to establish that there was acute alcohol intoxication. Only required to show that at the time of driving the vehicle, resulting in the accident, the driver was under the influence of alcohol
