SB26-132 • 2026

Voluntary Alcohol Breath Test

If a driver is involved in a collision resulting in death or suspected serious bodily injury, the bill requires , with certain exceptions, a law enforcement officer (officer) to offer the driver the o

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. J. Carson, Sen. D. Roberts, Rep. J. Joseph, Rep. M. Soper, Sen. J. Amabile, Sen. M. Baisley, Sen. M. Ball, Sen. A. Benavidez, Sen. J. Bridges, Sen. S. Bright, Sen. M. Catlin, Sen. J. Coleman, Sen. L. Cutter, Sen. L. Daugherty, Sen. T. Exum, Sen. L. Frizell, Sen. J. Gonzales, Sen. N. Hinrichsen, Sen. I. Jodeh, Sen. C. Kipp, Sen. B. Kirkmeyer, Sen. C. Kolker, Sen. W. Lindstedt, Sen. L. Liston, Sen. J. Marchman, Sen. K. Mullica, Sen. B. Pelton, Sen. R. Pelton, Sen. J. Rich, Sen. R. Rodriguez, Sen. C. Simpson, Sen. M. Snyder, Sen. T. Sullivan, Sen. K. Wallace, Sen. M. Weissman, Sen. L. Zamora Wilson
Last action: 2026-03-13
Official status: Introduced In House - Assigned to Judiciary
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on specific exceptions for time limits or driver departure from the scene, which were included in the candidate explanation.

Voluntary Alcohol Breath Test for Drivers Involved in Serious Collisions

This bill requires law enforcement officers to offer drivers involved in collisions resulting in death or suspected serious injury the opportunity to voluntarily take a breath test for alcohol.

What This Bill Does

Requires police to offer drivers involved in fatal or seriously injurious crashes the chance to take a voluntary breathalyzer test.
Specifies that police must inform drivers they can refuse or agree to provide a breath sample.
Clarifies what information police must give to drivers about their rights and options regarding the breath test.

Who It Names or Affects

Drivers involved in collisions resulting in death or suspected serious injury
Law enforcement officers responding to such incidents

Terms To Know

Serious bodily injury: A significant physical injury that may involve substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty.

Limits and Unknowns

The bill does not specify penalties for refusing the breath test.
It is unclear how this will affect investigation practices in multi-agency response scenarios.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

SEN Judiciary

Passed [*]

Plain English: The amendment corrects the spelling of a name in the bill text.

Corrects the spelling of 'Magnus' to 'Magnus’' on specific lines of pages 2 and 3.

The provided amendment text is limited to correcting spellings and does not provide context about who Magnus is or why this correction is necessary.

L.003

SEN Judiciary

Passed [*]

Plain English: The amendment adds exceptions to when a law enforcement officer must offer a driver suspected of causing death or serious injury in a collision the chance to take an alcohol breath test.

Adds an exception if more than two hours have passed since the collision before the officer contacts the driver.
Adds an exception if the initial contact with the driver ended and the driver left, but later it is discovered that death or serious injury was involved in the collision.
Requires officers to verbally document on their body-worn camera and incident reports when they cannot administer a breath test due to malfunctioning equipment or other extenuating circumstances.

The exact impact of these changes on current practices is not fully explained by the amendment text alone.

Bill History

2026-03-13 House
Introduced In House - Assigned to Judiciary
2026-03-13 Senate
Senate Third Reading Passed - No Amendments
2026-03-12 Senate
Senate Second Reading Passed with Amendments - Committee
2026-03-09 Senate
Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
2026-02-27 Senate
Introduced In Senate - Assigned to Judiciary

Official Summary Text

If a driver is involved in a collision resulting in death or suspected serious bodily injury, the bill requires
, with certain exceptions,
a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary screening 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.
The bill clarifies what a law enforcement officer must include in their advisement to a driver, including that the driver may refuse or agree to provide a sample for the test.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0253.02 Jacob Baus x2173 SENATE BILL 26-132
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING A REQUIREMENT THAT A LAW ENFORCEMENT OFFICER101
OFFER A VOLUNTARY PRELIMINARY SCREENING TEST FOR102
ALCOHOL TO A DRIVER.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
If a driver is involved in a collision resulting in death or suspected
serious bodily injury, the bill requires a law enforcement officer (officer)
to offer the driver the opportunity to voluntarily submit to a preliminary
screening 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.
SENATE
3rd Reading Unamended
March 13, 2026
SENATE
Amended 2nd Reading
March 12, 2026
SENATE SPONSORSHIP
Roberts and Carson, Amabile, Baisley, Ball, Benavidez, Bridges, Bright, Catlin, Coleman,
Cutter, Daugherty, Exum, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker,
Lindstedt, Liston, Marchman, Mullica, Pelton B., Pelton R., Rich, Rodriguez, Simpson,
Snyder, Sullivan, Wallace, Weissman, Zamora Wilson
HOUSE SPONSORSHIP
Joseph and Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill clarifies what a law enforcement officer must include in
their advisement to a driver, including that the driver may refuse or agree
to provide a sample for the test.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is "Magnus'2
Law".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) On July 29, 2023, at 12:28 p.m., Magnus White, a 17-year-old6
member of the USA Cycling National Team, was struck by a car and7
killed while training on a Boulder roadway. The investigation uncovered8
evidence that the car's driver consumed alcohol and drugs prior to the9
crash. However, because no preliminary screening test was administered10
on the scene, the driver was not charged with driving under the influence.11
(b) Allowing a law enforcement officer discretion to decide12
whether to offer a voluntary preliminary screening test can result in13
inconsistent investigation practices, particularly at scenes of serious14
collisions involving multiple responding agencies where responsibility for15
specific investigative steps may be unclear;16
(c) A preliminary screening test takes moments to administer.17
Without it, evidence suggesting a driver's sobriety or impairment may be18
permanently lost and the state must investigate a driver's sobriety or19
impairment through other means, at significant cost and with prolonged20
proceedings. As a result, the causes of some collisions may never be21
known.22
(d) Requiring a law enforcement officer to offer a voluntary23
preliminary screening test to a driver involved in a collision involving a24
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serious injury or fatality creates a clear protocol that removes ambiguity,1
ensures that all drivers are treated equally, and gives victims' families2
confidence that impairment will be investigated in every case;3
(e) "Magnus' Law" preserves the right of drivers to refuse a4
voluntary preliminary screening test, imposes no penalty for refusal, and5
does not alter existing evidentiary standards; and6
(f) The purpose of "Magnus' Law" is to honor the memory of7
Magnus White by ensuring that a law enforcement officer always offers8
a voluntary preliminary screening test to a driver involved in a collision9
involving a serious injury or fatality and that the opportunity to10
investigate is never lost at the scene of the most serious collisions on11
Colorado's roadways.12
SECTION 3. In Colorado Revised Statutes, 42-4-1301, add13
(6)(i)(I.3), (6)(i)(I.4), (6)(i)(I.5), (6)(i)(I.6), and (9) as follows:14
42-4-1301. Driving under the influence - driving while15
impaired - driving with excessive alcoholic content - penalties -16
definitions.17
(6) (i) (I.3) FOLLOWING LAWFUL CONTACT WITH AN INDIVIDUAL18
WHO HAS BEEN DRIVING A MOTOR VEHICLE OR VEHICLE INVOLVED IN A19
COLLISION RESULTING IN DEATH OR SUSPECTED SERIOUS BODILY INJURY,20
A LAW ENFORCEMENT OFFICER SHALL OFFER THE DRIVER THE21
OPPORTUNITY TO VOLUNTARILY SUBMIT A SAMPLE OF THE DRIVER 'S22
BREATH FOR A PRELIMINARY SCREENING TEST FOR ALCOHOL USING A23
DEVICE APPROVED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF24
PUBLIC HEALTH AND ENVIRONMENT, AFTER FIRST ADVISING THE DRIVER25
THAT THE DRIVER MAY REFUSE OR AGREE TO THE PRELIMINARY TEST ,26
WHEN:27
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(A) THE LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION1
THAT THE INDIVIDUAL IS THE DRIVER AND IS AT FAULT IN THE COLLISION;2
(B) T HE INDIVIDUAL WHO THE LAW ENFORCEMENT OFFICER3
REASONABLY SUSPECTS TO BE THE DRIVER AT FAULT IN THE COLLISION IS4
NOT SIGNIFICANTLY INJURED OR IN NEED OF IMMEDIATE MEDICAL5
ATTENTION; AND6
(C) THE LAW ENFORCEMENT OFFICER DOES NOT HAVE PROBABLE7
CAUSE NECESSARY FOR THE EXPRESSED CONSENT REQUIREMENTS8
DESCRIBED PURSUANT TO SECTION 42-4-1301.1.9
(I.4) NOTWITHSTANDING SUBSECTION (6)(i)(I.3) OF THIS SECTION,10
A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO OFFER THE DRIVER THE11
OPPORTUNITY TO VOLUNTARILY SUBMIT A SAMPLE OF THE DRIVER 'S12
BREATH FOR A PRELIMINARY SCREENING TEST FOR ALCOHOL PURSUANT TO13
SUBSECTION (6)(i)(I.3) OF THIS SECTION IF THE LAW ENFORCEMENT14
OFFICER'S INITIAL CONTACT WITH THE DRIVER:15
(A) OCCURS MORE THAN TWO HOURS FOLLOWING THE COLLISION;16
OR17
(B) E NDED, AND THE DRIVER HAS LEFT THE SCENE OF THE18
COLLISION OR THE AREA WHERE LAW ENFORCEMENT MADE INITIAL19
CONTACT WITH THE DRIVER AND THE DRIVER IS NOT IN LAW20
ENFORCEMENT'S PRESENCE BUT LAW ENFORCEMENT SUBSEQUENTLY21
LEARNS THAT THE COLLISION INVOLVED DEATH OR SERIOUS BODILY22
INJURY WHEN THAT WAS NOT INITIALLY SUSPECTED OR KNOWN.23
(I.5) W HEN, PURSUANT TO SUBSECTION (6)(i)(I.3) OF THIS24
SECTION, A LAW ENFORCEMENT OFFICER ADVISES A DRIVER THAT THE25
DRIVER MAY EITHER REFUSE OR AGREE TO VOLUNTARILY PROVIDE A26
SAMPLE OF THE DRIVER'S BREATH FOR A PRELIMINARY SCREENING TEST ,27
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THE LAW ENFORCEMENT OFFICER SHALL ADVISE THE DRIVER IN PLAIN1
LANGUAGE THAT:2
(A) T HE INDIVIDUAL IS BEING ASKED TO PROVIDE A SAMPLE OF3
THEIR BREATH FOR A PRELIMINARY SCREENING TEST REGARDING WHETHER4
THEY ARE INTOXICATED BECAUSE THEY WERE DRIVING A MOTOR VEHICLE5
OR VEHICLE INVOLVED IN A SERIOUS COLLISION;6
(B) IF THE INDIVIDUAL TAKES THE PRELIMINARY SCREENING TEST,7
THE RESULTS OR THE INDIVIDUAL'S REFUSAL TO TAKE THE TEST ARE NOT8
ADMISSIBLE IN COURT;9
(C) IF THE INDIVIDUAL TAKES THE PRELIMINARY SCREENING TEST,10
EVIDENCE OF INTOXICATION MAY BE USED AS EVIDENCE TO REQUEST11
FURTHER TESTING THAT IS ADMISSIBLE IN COURT OR TO MAKE AN ARREST;12
(D) THE PRELIMINARY SCREENING TEST IS VOLUNTARY; AND13
(E) I F THE INDIVIDUAL REFUSES TO TAKE THE PRELIMINARY14
SCREENING TEST, THE REFUSAL DOES NOT AFFECT THE STATUS OF THEIR15
DRIVER'S LICENSE.16
(I.6) IF A LAW ENFORCEMENT OFFICER IS UNABLE TO ADMINISTER17
A PRELIMINARY SCREENING TEST FOR ALCOHOL BECAUSE THE DEVICE18
MALFUNCTIONS OR IS UNABLE TO PRODUCE A VALID RESULT , OR IF THE19
LAW ENFORCEMENT OFFICER IS UNABLE TO OFFER A PRELIMINARY20
SCREENING TEST FOR ALCOHOL BECAUSE A DEVICE IS UNAVAILABLE DUE21
TO EXTENUATING CIRCUMSTANCES , THE LAW ENFORCEMENT OFFICER22
SHALL:23
(A) VERBALLY DOCUMENT ON THE LAW ENFORCEMENT OFFICER'S24
BODY-WORN CAMERA THAT THE PRELIMINARY SCREENING TEST COULD25
NOT BE ADMINISTERED AND THE REASON WHY IT COULD NOT BE26
ADMINISTERED; AND27
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(B) DOCUMENT ON ANY REQUIRED INCIDENT REPORT RELATED TO1
THE COLLISION THAT THE PRELIMINARY SCREENING TEST COULD NOT BE2
ADMINISTERED AND THE REASON WHY IT COULD NOT BE ADMINISTERED.3
(9) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES, "SERIOUS BODILY INJURY " HAS THE MEANING SET FORTH IN5
SECTION 18-1-901.6
SECTION 4. Act subject to petition - effective date -7
applicability. (1) This act takes effect at 12:01 a.m. on the day following8
the expiration of the ninety-day period after final adjournment of the9
general assembly (August 12, 2026, if adjournment sine die is on May 13,10
2026); except that, if a referendum petition is filed pursuant to section 111
(3) of article V of the state constitution against this act or an item, section,12
or part of this act within such period, then the act, item, section, or part13
will not take effect unless approved by the people at the general election14
to be held in November 2026 and, in such case, will take effect on the15
date of the official declaration of the vote thereon by the governor.16
(2) This act applies to incidents occurring on or after the17
applicable effective date of this act.18
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