Colorado Governor Jared Polis today signed SB26-132, known as Magnus’ Law, establishing a new statewide protocol requiring law enforcement officers to offer a voluntary preliminary breath screening test in crash investigations involving fatal or serious bodily injury.
The law is named in honour of Magnus White, the 17-year-old cyclist and member of the U.S. national cycling team, who was killed while on a training ride in July 2023.
White’s death became a rallying point for the legislation aimed at ensuring investigators have the opportunity to gather time-sensitive evidence relating to possible driver impairment.
The driver who struck and killed White, Yeva Smilianska, was convicted of vehicular homicide and reckless driving and was sentenced to four years in prison, followed by three years of mandatory parole.
During the trial, Smilianska argued that a mechanical failure caused the crash. Investigators later reported finding no vehicle defects, and prosecutors contended that she had fallen asleep at the wheel.
A central concern for the White family was that no breath or blood test was administered at the scene. Court proceedings brought to light the fact that Smilianska had consumed alcohol earlier that day after finishing a shift at a bar. She had also taken medication. But questions about possible impairment couldn’t be resolved because no roadside screening test was conducted.
“Evidence at a crash scene is the most fragile thing in the world. It exists for a moment, and then it is gone. If you do not capture the truth at the scene, you may never capture it at all. Magnus’ Law helps fix that,” said the White family via a statement.
Governor Polis signed the legislation during a ceremony at Valmont Bike Park in Boulder, where White spent countless hours training and competing.
“The last time we stood here at Valmont Bike Park was Magnus’ memorial service. It was one of his favourite places. It felt the fitting place for his memorial service then, and now the fitting place for the signing of the law in his name,” the White family stated.
“For us, as Magnus’ mom and dad, it is really hard to celebrate a law named after our son. But this is a time for us to be grateful.”
Supporters say the legislation creates a clearer and more consistent investigative process for the state’s most serious crashes while preserving drivers’ rights.
According to the bill text, officers must inform drivers that any preliminary breath screening test is voluntary and that they may refuse it. Refusal cannot be used as the basis for a driver’s licence revocation or other administrative licence action under Colorado law.
“No family should ever have to wonder whether impairment was fully investigated after a loved one is killed or seriously injured on our roads,” said Jacqueline Claudia, Executive Director of The White Line Foundation.
“This law exists because a family turned unimaginable grief into action.”
The White Line Foundation was established by Magnus White’s parents following his death and advocates for policies aimed at reducing preventable road fatalities.
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