SB 26-132

Senate Bill 26-132, also known as the Voluntary Alcohol Breath Test bill, requires police officers to offer drivers involved in fatal or serious injury collisions the option to take a breathalyzer test. The driver can choose whether to participate and is informed that refusing the test is an acceptable choice. This bill affects drivers who are suspected of causing death or severe injuries through traffic accidents. Since it has been signed into law, police officers must now follow these guidelines when dealing with such incidents.

Official Summary

If a driver is involved in a collision resulting in death or suspected serious bodily injury, the act requires, with certain exceptions, a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary alcohol screening test (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.     If an officer is unable to administer a test because the testing device malfunctions or is unable to produce a valid result, or because the testing device is unavailable due to extenuating circumstances or circumstances beyond the officer's control, the officer is required to document on a required incident report concerning the collision that the test could not be administered and the reason why it could not be administered.     The act appropriates $90,000 from the parks and outdoor recreation cash fund and $30,000 from the wildlife cash fund to the department of natural resources for use by the division of Colorado parks and wildlife to implement the act.(Note: This summary applies to this bill as enacted.)

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