This amendment adds a new section that gives $120,000 to the Colorado Parks and Wildlife division for state park and wildlife operations in the 2026-27 fiscal year.
Colorado2026Enacted
SB26-132
Magnus' Law: Voluntary Breath Test Requirement
Last scannedAug 24, 2026, 8:22 AM
In one sentence
This law requires police officers to offer a voluntary breath alcohol test to drivers involved in crashes with death or serious injury, while also funding state parks and wildlife operations.
What it does
- Requires an officer to offer a driver the chance to take a voluntary preliminary breath alcohol screening test after certain serious collisions.
- Mandates that officers tell drivers they can refuse the test without losing their license or facing court penalties for refusal.
- States that if a driver takes the test, the results cannot be used in court but may help police decide on further testing or arrest.
- Requires officers to write down why a test could not happen if equipment breaks or is unavailable due to circumstances beyond their control.
- Appropriates $120,000 from state cash funds for the Division of Colorado Parks and Wildlife.
Who it affects
- Law enforcement officers who respond to collisions involving death or suspected serious bodily injury.
- Drivers involved in these specific types of collisions who are not significantly injured themselves.
- The Department of Natural Resources, specifically the Division of Colorado Parks and Wildlife.
Limits and unknowns
- Officers do not have to offer the test if they first contact the driver more than two hours after the crash.
- The requirement does not apply if the officer already has probable cause for an arrest under existing consent laws.
- The law only applies to crashes that happen on or after its official effective date in August 2026, unless a referendum changes this.
Plain language
Terms to know
- Preliminary Screening Test
- A quick breath test used to check for alcohol; results from this specific voluntary offer cannot be admitted as evidence in court.
- Serious Bodily Injury
- Injury defined by state law that involves a substantial risk of death or serious permanent disfigurement, loss, or impairment of body function.
Official record
Sources
Official summary
If a driver is involved in a collision resulting in death or suspected serious bodily injury, the act requires, with certain exceptions, a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary alcohol screening test (test) of the driver's breath after the officer advises the driver that they may refuse or agree to provide a sample for the test. If an officer is unable to administer a test because the testing device malfunctions or is unable to produce a valid result, or because the testing device is unavailable due to extenuating circumstances or circumstances beyond the officer's control, the officer is required to document on a required incident report concerning the collision that the test could not be administered and the reason why it could not be administered. The act appropriates $90,000 from the parks and outdoor recreation cash fund and $30,000 from the wildlife cash fund to the department of natural resources for use by the division of Colorado parks and wildlife to implement the act. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the Speaker of the HouseHouse
- Signed by the President of the SenateSenate
- Senate Considered House Amendments - Result was to Concur - RepassSenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
- House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
- House Committee on Judiciary Refer Unamended to AppropriationsHouse
- Introduced In House - Assigned to JudiciaryHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Passed with Amendments - CommitteeSenate
- Senate Committee on Judiciary Refer Amended to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to JudiciarySenate
Changes
Amendments
4 stored
This amendment fixes a small spelling mistake by adding an apostrophe to the name 'Magnus' in two places within the bill.
This amendment adds specific situations where police officers do not have to offer a breath test and requires them to document why if they cannot give the test due to equipment problems.
This amendment adds a new exception for situations outside an officer's control and changes how officers must record their actions on incident reports.