ColoradoSB26-1322026 Regular SessionSenate

Voluntary Alcohol Breath Test

Sponsored By: Dylan Roberts (Democratic), John Carson (Republican), Junie Joseph (Democratic), Matt Soper (Republican)

Signed by Governor

Crimes, Corrections, & EnforcementTransportation & Motor Vehicles

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Drivers get voluntary tests after serious crashes

Colorado’s Magnus’ Law requires officers to offer voluntary alcohol breath tests after crashes involving death or suspected serious bodily injury. Officers must lawfully contact the driver and reasonably suspect that the driver caused the crash. The driver must not be significantly injured or need immediate medical care. The officer must also lack probable cause to invoke existing impaired-driving consent rules. No offer is required when first contact occurs more than two hours after the crash. Another exception applies when the driver leaves law enforcement’s presence before officers learn of a previously unknown death or serious injury. Officers must explain that testing is optional, and refusal alone does not affect the driver’s license. They must explain that neither the preliminary result nor refusal can be used as evidence in court. However, signs of intoxication from the test can support an arrest or a request for further, court-admissible testing. Tests must use a device approved by the Colorado Department of Public Health and Environment’s executive director. When device failure, an invalid result, or unavailability due to unusual circumstances prevents testing, officers must document the reason. They must record it verbally on their body camera and in any required crash report. These rules apply only to incidents on or after the law’s effective date. The law takes effect at 12:01 a.m. after the 90-day period following final legislative adjournment. That date is August 12, 2026, if adjournment occurs May 13, 2026. A referendum petition delays implementation until voter approval in November 2026 and the governor’s official declaration of the vote.

Sponsors & Cosponsors

Cosponsors

Andrew Boesenecker
Democratic • House
Amy Paschal
Democratic • House
Brandi Bradley
Republican • House
Carlos Barron
Republican • House
Chad Clifford
Democratic • House
Eliza Hamrick
Democratic • House
Jarvis Caldwell
Republican • House
Jamie Jackson
Democratic • House
Julie McCluskie
Democratic • House
Jacque Phillips
Democratic • House
Kyle Brown
Democratic • House
Kenny Nguyen
Democratic • House
Lori Goldstein
Democratic • House
Lesley Smith
Democratic • House
Monica Duran
Democratic • House
Meg Froelich
Democratic • House
Manny Rutinel
Democratic • House
Naquetta Ricks
Democratic • House
Ryan Gonzalez
Republican • House
Rebecca Keltie
Republican • House
Rick Taggart
Republican • House
Sean Camacho
Democratic • House
Sheila Lieder
Democratic • House
Sen. A. Benavidez
Affiliation unavailable
Barbara Kirkmeyer
Republican • Senate
Byron Pelton
Republican • Senate
Cathy Kipp
Democratic • Senate
Chris Kolker
Democratic • Senate
Cleave Simpson
Republican • Senate
Iman Jodeh
Democratic • Senate
Judy Amabile
Democratic • Senate
Jeff Bridges
Democratic • Senate
James Coleman
Democratic • Senate
Julie Gonzales
Democratic • Senate
Janice Marchman
Democratic • Senate
Janice Rich
Republican • Senate
Kyle Mullica
Democratic • Senate
Katie Wallace
Democratic • Senate
Lisa Cutter
Democratic • Senate
Lindsey Daugherty
Democratic • Senate
Lisa Frizell
Republican • Senate
Larry Liston
Republican • Senate
Lynda Zamora Wilson
Republican • Senate
Mark Baisley
Republican • Senate
Matt Ball
Democratic • Senate
Marc Catlin
Republican • Senate
Marc Snyder
Democratic • Senate
Mike Weissman
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Rod Pelton
Republican • Senate
Robert Rodriguez
Democratic • Senate
Scott Bright
Republican • Senate
Tony Exum
Democratic • Senate
Tom Sullivan
Democratic • Senate
William Lindstedt
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 196 • No: 7

Senate vote • 5/1/2026

House amendments: Concur

Yes: 33 • No: 0

Senate vote • 5/1/2026

House amendments: Repass

Yes: 33 • No: 0

House vote • 4/30/2026

Third reading: Bill

Yes: 62 • No: 1

House vote • 4/28/2026

Refer Senate Bill 26-132, as amended, to the Committee of the Whole.

Yes: 8 • No: 3

House vote • 4/28/2026

Adopt amendment J.001

Yes: 8 • No: 3

House vote • 4/21/2026

Refer Senate Bill 26-132 to the Committee on Appropriations.

Yes: 11 • No: 0

Senate vote • 3/13/2026

Third reading: Bill

Yes: 34 • No: 0

Senate vote • 3/9/2026

Refer Senate Bill 26-132, as amended, to the Committee of the Whole.

Yes: 7 • No: 0

Actions Timeline

Governor Signed
6/4/2026House
Signed by the President of the Senate
5/12/2026Senate
Signed by the Speaker of the House
5/12/2026House
Sent to the Governor
5/12/2026House
Senate Considered House Amendments - Result was to Concur - Repass
5/1/2026Senate
House Third Reading Passed - No Amendments
4/30/2026House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/29/2026House
House Committee on Appropriations Refer Amended to House Committee of the Whole
4/28/2026House
House Committee on Judiciary Refer Unamended to Appropriations
4/21/2026House
Senate Third Reading Passed - No Amendments
3/13/2026Senate
Introduced In House - Assigned to Judiciary
3/13/2026House
Senate Second Reading Passed with Amendments - Committee
3/12/2026Senate
Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
3/9/2026Senate
Introduced In Senate - Assigned to Judiciary
2/27/2026Senate

Bill Text

Engrossed
PDF
Final Act
PDF
House Appropriations Preamend
PDF
Introduced
PDF
Reengrossed
PDF
Rerevised
PDF
Revised
PDF
Senate Judiciary Preamend
PDF
Signed Act
PDF

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