CO SB132

Law enforcement officers must offer a voluntary preliminary breath test for alcohol to drivers involved in collisions resulting in death or suspected serious bodily injury, after advising drivers they may refuse or agree to the test

The requirement applies when the officer has reasonable suspicion the individual is the at-fault driver, the driver is not significantly injured, and the officer lacks probable cause for mandatory expressed consent testing

Test results and refusals are not admissible in court, but evidence of intoxication may be used to request further admissible testing or make an arrest; refusal carries no penalty and does not affect driver's license status

Named "Magnus Law" after Magnus White, a 17-year-old USA Cycling National Team member killed by a driver in Boulder on July 29, 2023, whose case lacked DUI charges because no preliminary screening test was administered at the scene

Effective date is August 12, 2026 (90 days after legislative adjournment), subject to potential referendum petition