Colorado Bill: Voluntary Alcohol Breath Test for Drivers

Detected March 14th, 2026

Summary

Colorado Bill SB26-132 proposes a new requirement for law enforcement officers to offer drivers involved in collisions resulting in death or serious injury a voluntary preliminary breath test for alcohol. The bill clarifies the advisement process for drivers regarding their right to refuse the test.

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What changed

Colorado Bill SB26-132, introduced for the 2026 Regular Session, mandates that law enforcement officers offer a voluntary preliminary breath test for alcohol to drivers involved in collisions resulting in death or suspected serious bodily injury. The bill specifies that officers must inform drivers of their right to refuse the test before administering it. This proposed legislation aims to enhance data collection and assessment in serious traffic incidents.

Law enforcement agencies and officers operating within Colorado will be directly impacted by this bill if enacted. They will need to update their procedures to include the mandatory offer of a voluntary breath test and ensure proper advisement protocols are followed. Compliance will be crucial to avoid potential procedural challenges in cases involving serious injury or fatality collisions. The bill is currently under consideration, and its final passage and effective date are pending legislative review.

What to do next

Review Colorado Bill SB26-132 for potential impact on law enforcement procedures.
Update departmental policies and training materials to include mandatory advisement and offer of voluntary preliminary breath tests in cases of fatal or serious injury collisions.
Ensure officers understand and correctly implement the advisement process regarding the right to refuse the test.

Source document (simplified)

SB26-132

Voluntary Alcohol Breath Test

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Crimes, Corrections, & Enforcement Transportation & Motor Vehicles |
Concerning a requirement that a law enforcement officer offer a voluntary preliminary screening test for alcohol to a driver.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

If a driver is involved in a collision resulting in death or suspected serious bodily injury, the bill requires a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary screening test of the driver's breath after the officer advises the driver that they may refuse or agree to provide a sample for the test.

The bill clarifies what a law enforcement officer must include in their advisement to a driver, including that the driver may refuse or agree to provide a sample for the test.

(Note: This summary applies to this bill as introduced.)

Prime Sponsors

Senator

Dylan Roberts
Senator

John Carson
Representative

Junie Joseph
Representative

Matt Soper

Committees

Senate

Judiciary

House

Judiciary

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Status

Under Consideration

Introduced

Under Consideration

Related Documents & Information

| Date | Version | Documents |
| --- | --- | --- |
| 03/13/2026 | Reengrossed | PDF |
| 03/12/2026 | Engrossed | PDF |
| 02/27/2026 | Introduced | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 03/10/2026 | PA1 | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 03/04/2026 | Initial Fiscal Note | PDF |

| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 (Attachment C) | The motion passed without objection. | Vote summary |
| Adopt amendment L.003 (Attachment D) | The motion passed without objection. | Vote summary |
| Refer Senate Bill 26-132, as amended, to the Committee of the Whole. | The motion passed on a vote of 7-0. | Vote summary |
Committee Report: PDF
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 03/13/2026 | Third Reading | BILL | 34 AYE 0 NO 1 OTHER | Vote record |

| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 03/09/2026 | L.003 | SEN Judiciary | Passed [] | PDF |
| 03/09/2026 | L.001 | SEN Judiciary | Passed [] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

| Date | Location | Action |
| --- | --- | --- |
| 03/13/2026 | House | Introduced In House - Assigned to Judiciary |
| 03/13/2026 | Senate | Senate Third Reading Passed - No Amendments |
| 03/12/2026 | Senate | Senate Second Reading Passed with Amendments - Committee |
| 03/09/2026 | Senate | Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole |
| 02/27/2026 | Senate | Introduced In Senate - Assigned to Judiciary |
Prime Sponsor

Sen. J. Carson | Sen. D. Roberts

Rep. J. Joseph | Rep. M. Soper

Sponsor

(None) Co-Sponsor