New Colorado crash law honors Magnus White
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Michael White speaks Thursday at a bill signing at Valmont Bike Park. Photo: Mitchell Byars/Axios Boulder
A new state law in honor of Boulder cycling phenom Magnus White requires law enforcement to offer a voluntary breath test to any driver involved in a crash that results in death or serious injury.
Why it matters: Lawmakers and prosecutors say the law could make it easier to determine whether impairment played a role in a crash and to help preserve evidence for potential DUI-related charges.
The latest: Gov. Jared Polis signed SB26-132, known as "Magnus' Law," at a Thursday ceremony at Boulder's Valmont Bike Park.
- The bill, cosponsored by a bipartisan group that included Boulder state Rep. Junie Joseph, received broad bipartisan support in the Legislature.
- The law goes into effect Aug. 12.
"For us, as Magnus' mom and dad, it's really hard to celebrate a law named after our son," his father, Michael, said Thursday. "But this is a time for us to be grateful. Magnus, we did it."
Catch up quick: Magnus White, 17, was killed in a 2023 crash on Diagonal Highway.
- The driver was found guilty of vehicular homicide under a reckless driving theory.
Yes, but: Boulder County District Attorney Michael Dougherty said the driver was never given a breath or blood test, despite later evidence that she had been intoxicated.
- That prevented prosecutors from pursuing a vehicular homicide charge under a DUI theory.
- "That trial would have been much easier and the prosecution would have been much cleaner if we knew whether she was under the influence or not," Dougherty said.
Between the lines: He said knowing whether a driver is impaired can help investigators determine appropriate charges and focus an investigation.
- Even though the test is voluntary, making it standard procedure could help investigators avoid overlooking impairment as a possible factor in a crash and reduce defense arguments about gaps in an investigation.
- Caveat: Dougherty said a breath test denial would likely go through a hearing to determine whether it's admissible in each case.
The big picture: White's family established the White Line Foundation and has become a leading advocate for traffic safety legislation.
- In addition to Magnus' Law, the family helped support a state law last year that increased penalties for careless driving and a federal bill that would require automatic braking systems in vehicles.
- "Every family finds their own path," Michael said. "This is our way. We are choosing to fix the things that are broken."