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Bill > SB132


CO SB132

CO SB132
Voluntary Alcohol Breath Test


summary

Introduced
02/27/2026
In Committee
03/13/2026
Crossed Over
03/13/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

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. 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.

AI Summary

This bill, known as "Magnus' Law," mandates that law enforcement officers must offer drivers involved in a collision resulting in death or suspected serious bodily injury (a severe physical harm as defined in state law) the opportunity to voluntarily take a preliminary breath test for alcohol. Before offering the test, the officer must clearly inform the driver that they can refuse or agree to provide a breath sample, and explain that the test results or refusal are not admissible in court, though evidence from the test could lead to further testing or an arrest. The bill clarifies that this preliminary screening is voluntary, carries no penalty for refusal, and does not impact a driver's license status. It also outlines exceptions, such as when the initial contact with the driver occurs more than two hours after the collision or if the driver has left the scene and cannot be located. The law aims to standardize investigative practices in serious collisions, ensure evidence of impairment is not lost, and honor the memory of Magnus White, a young cyclist killed in a collision where impairment was suspected but not immediately tested.

Committee Categories

Justice

Sponsors (36)

Last Action

House Judiciary Hearing (13:30:00 4/21/2026 Room 0107) (on 04/21/2026)

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