Key Details of the Bill
Why this legislation matters
Impaired driving is one of the leading causes of deaths and injuries on Colorado roads. And yet nothing in state law requires the question of impairment to be asked at the scene when someone dies or is seriously injured on our roads.
Magnus' Law is named for Magnus White, a 17-year-old cyclist killed in a crash where an impairment test was never offered to the driver at the scene. The only person tested for drugs and alcohol that day was Magnus.
The White family lived in uncertainty for 20 months while the real story was buried under lies that were never challenged at the crash scene. A single breath test on day one could have started uncovering the truth. Instead, it took two years, a costly investigation, and a full jury trial to get there.
Colorado law does not currently require law enforcement to offer an impairment test after fatal or serious injury crashes. There is nothing that ensures the most critical question gets asked at the scene. And families are left waiting for answers for months, maybe years.
Resources and procedures vary widely across agencies. Officers are pulled in many directions at crash scenes, and without a clear legal standard, impairment testing can fall through the cracks entirely.
Who and what it covers
Magnus' Law makes the requirement law, so every law enforcement officer in Colorado knows exactly what is expected of them when someone is killed or seriously injured on the road.
This bill supports law enforcement by setting a clear, constitutional expectation during the most chaotic and high-stakes moments, so the question never gets missed because the scene was overwhelming.
It removes the potential for bias by requiring the same standard of investigation at every fatal and serious bodily injury crash, regardless of agency, circumstance, or who is involved.
It applies to any fatal or serious injury crash on Colorado roads. Whether it involves a cyclist, a pedestrian, or another driver, if someone is killed or seriously injured, the question gets asked.
This bill respects the driver’s rights and aligns fully with constitutional and due process standards. Drivers can still refuse a test. Magnus' Law simply requires that officers ask the question.
This change will also strengthen crash scene investigations, support officers with clear constitutional guidance, and close a gap that has left too many families waiting months or years for answers that should have started on day one.