The Senate Judiciary Committee on Monday gave unanimous approval to a bill that would require law enforcement officers responding to crashes resulting in serious injury or death to offer drivers a voluntary breathalyzer test.

Sponsors hope the measure would provide clarity and closure to families of individuals killed or seriously injured in car accidents.

Assuming it is enacted, Senate Bill 132 will be known as Magnus’ Law in honor of Magnus White, a 17-year-old cyclist from Boulder who was killed in 2023.

White, a member of the U.S. national mountain biking team, had been riding his bike on Colorado 119 near Gunbarrel when he was struck by a car and killed on July 29, 2023.

The driver, 24-year-old Yeva Smilianska, was charged with vehicular homicide and sentenced to four years in prison in June 2025.

Following a five-day trial in April, the jury found Smilianska acted recklessly and consciously disregarded others’ safety when she chose to drive while sleep-deprived, striking and killing White.

Officers had believed Smilianska to be sober and initially suggested charges of careless driving resulting in death. The White family called it a systemic failure. During the trial, District Attorney Michael Dougherty provided various photos and videos of Smilianska drinking alcohol hours before the crash.

The defense, led by Timur Kishinevsky, argued that Smilianska was not drunk at the time of the crash – just tired due to receiving only around five hours of sleep. If she was intoxicated, the six trained officers would have picked up on it, according to Kishinevsky.

Officers at the scene did not perform a field sobriety test on her or a blood test later.

SB 132 sponsor Sen. Dylan Robert, D-Frisco, said that, in fatal or serious crashes, law enforcement often doesn’t administer a breathalyzer test because they are constitutionally prohibited from requiring it. However, evidence may emerge later in the investigation that indicates the driver was intoxicated at the time of the crash.

“Other times, families are left wondering whether impairment was fully investigated at the scene in the first place,” said Roberts,

The bill is also sponsored by Sen. John Carson, R-Highlands Ranch.

The bill is “workable and respects due process” because it requires the test to be voluntary, Roberts said.

He added, “It’s a small procedural change, but we know it’s one that can bring greater clarity, accountability, and transparency when someone’s life has been lost and others have been forever changed.”

Carson said the bill would give law enforcement another tool.

“A protocol, if you will, that’s followed that even if there’s not immediately probable cause to demand an alcohol breath test, that the officer at least says to the driver, ‘Will you voluntarily take the test?’” added Carson.

Magnus ‘did everything right’

Magnus White was days away from signing a contract to become a professional cyclist, his parents, Jill and Michael White, told the committee.

On the day of his death, he had been riding in a designated bike lane, “as far from traffic as the road allowed,” Michael said. “He did everything right — everything.”

Smilianska’s car left the road, struck Magnus in the bike lane, and traveled another 300 feet into a field.

According to Michael, her car hit Magnus directly from behind.

“A person who was awake, or conscious, or sober behind the wheel does not let that happen,” he said.

The Whites said Magnus was a friend, a brother, and a passionate cyclist who was proud to represent his country on the world stage.

“No one in the world will get to feel how he made them feel ever again,” said Michael.

According to the Whites, witnesses at the scene told law enforcement Smilianska had been swerving “all over the road” before hitting Magnus and that one told officers she looked like she was “on something.”

“It took nearly two years for the truth to come out in a courtroom,” he said. “Two years of an investigation and a criminal case, layered on top of our grief. We could’ve had two years where we didn’t have to think about this person who stole our son’s life. We could’ve been working on being able to come back to life, just a little bit, to be parents to our surviving son. One question at that spot where my son died could’ve brought the truth out.”