ColoradoColorado law will require police to offer crash breath tests
Starting on its effective date, Colorado police must offer some drivers in serious crashes a voluntary alcohol breath test, subject to exceptions.
What it does
After a crash causing death or suspected serious injury, police must offer a voluntary alcohol breath test to a suspected at-fault driver who is not seriously hurt and does not need immediate care.
For fiscal year 2026–27, the state sets aside $120,000 for state parks and wildlife operations.
Argument forA required offer could help police check for alcohol consistently after serious crashes while letting drivers refuse without a license penalty.
Argument againstA driver could face further testing or arrest based on a voluntary screening result, even though that result cannot be used in court.
More detail
After lawful contact, an officer must offer a voluntary breath test for alcohol. The rule covers drivers involved in a crash that causes death or suspected serious bodily injury. The officer must reasonably suspect the driver was at fault and the driver must not be seriously injured or need immediate medical care. The officer must first explain in plain language that the test is voluntary, refusal will not affect the driver's license, and the result or refusal cannot be used in court. A test result may be used to seek further testing that can be used in court or to make an arrest. If the device fails, cannot give a valid result, or is unavailable for reasons beyond the officer's reasonable control, the officer must document why the test could not be given. An offer is not required if the officer first contacts the driver more than two hours after the crash. It is also not required if the driver has left and police later learn the crash was serious or fatal when that was not initially known. The law applies to incidents on or after its effective date.
The state sets aside $120,000 for parks and wildlife operations. The appropriation is for the Department of Natural Resources' Division of Colorado Parks and Wildlife. The money comes from state parks and wildlife funds. The money is for the 2026–27 state fiscal year.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 4Governor Jared Polis SignedBecame Law
- May 12Signed by the President of the SenateMajor
- May 12Signed by the Speaker of the HouseMajor
- May 12Sent to the GovernorTo Governor
- May 1Senate Considered House Amendments - Result was to Concur - Repass
- Vote recorded REPASS. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Upper
- Vote recorded REPASS. Result: pass.Upper
- Apr 30House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- Apr 29House Second Reading Special Order - Passed with Amendments - Committee, Floor
- Apr 28House Committee on Appropriations Refer Amended to House Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-132, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Adopt amendment J.001. Result: pass.Upper
- Vote recorded Adopt amendment J.001. Result: pass.Lower
- Vote recorded Refer Senate Bill 26-132, as amended, to the Committee of the Whole. Result: pass.Lower
- Apr 21House Committee on Judiciary Refer Unamended to AppropriationsMinor
- Vote recorded Refer Senate Bill 26-132 to the Committee on Appropriations. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-132 to the Committee on Appropriations. Result: pass.Lower
- Mar 13Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Lower
- Vote recorded BILL. Result: pass.Upper
- Mar 13Introduced In House - Assigned to JudiciaryMinor
- Mar 12Senate Second Reading Passed with Amendments - CommitteeMinor
- Mar 9Senate Committee on Judiciary Refer Amended to Senate Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-132, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Adopt amendment L.003 (Attachment D). Result: pass.Upper
- Vote recorded Adopt amendment L.001 (Attachment C). Result: pass.Upper
- Feb 27Introduced In Senate - Assigned to JudiciaryIntroduced
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