New Colorado legislation called ‘Magnus’ Law’, named for 17-year-old cyclist Magnus White who was killed by an impaired driver of a car nearly three years ago, was signed on Thursday by Colorado Governor Jared Polis.
The state bill, SB26-132, now makes it legal for law enforcement officials to offer a voluntary alcohol breathalyser test to drivers of motor vehicles who are involved in crashes – between vehicles, or a bike or pedestrian and a vehicle – that result in death or injury.
When White was struck and killed on a mid-day training ride near Boulder, Colorado on July 30, 2023, the responding officer from Colorado State Patrol did not conduct a breath test on the driver, Yeva Smilianska, who was 20 months later found guilty of reckless vehicular homicide.
A five-day trial concluded on April 5, 2025, and jurors determined that she had been drinking alcohol with a friend throughout the night and early morning, which was a factor in the 24-year-old driver falling asleep while driving.
“Today we took action to keep Coloradans safer on our roads. This law honors the legacy of Magnus White, and turns tragedy to action so less families have to endure the heartbreak that the White family has faced,” Governor Polis said in a statement.
White had been training for the UCI Mountain Bike World Championships in Glasgow, where he planned to represent Team USA in the men’s junior cross-country race on August 10.
“It took 20 months for the truth to come out in a courtroom. 20 months to find out why our son was dead. The only person tested for drugs or alcohol that day was Magnus. The person who killed him was not,” said Michael White, father of Magnus, in a report posted by Colorado Public Radio from a ceremony held at Valmont Bike Park, where his son used to ride.
“There’s only one person responsible for my son’s death. Gaps in the system are responsible for the 20 months it took to find out. But one question at the scene could have told us that afternoon.”
SB26-132, Voluntary Alcohol Breath Test, was sponsored by Senators Dylan Roberts and John Carson, and Representatives Junie Joseph and Matt Soper.
The family created The White Line Foundation after Magnus’ death, advocating to make roads safer for cyclists and pedestrians.
“This law helps ensure no family is left wondering whether impairment was fully investigated after a serious injury or death on our roads. Some may ask, if a driver refuses an impairment test, what’s the point? Here’s what we want you to understand: law enforcement can still secure DUI convictions even when a driver refuses the test,” The White Line Foundation posted to social media after the governor’s signature made the bill a law.
“The real problem — and what happened the day Magnus was killed — isn’t drivers refusing. It’s law enforcement not even investigating impairment in the first place.
“Magnus’ Law is designed to close that gap. When a serious injury or death occurs on our roads, law enforcement is now required to investigate for impairment — whether it’s a car-on-car, or a driver versus a vulnerable road user crash. No family should ever have to wonder whether that question was even asked.”
Smilianska, now 25, was sentenced to four years. On Wednesday, she was sentenced to 364 days in jail, with 132 days’ credit for time served, for an unrelated misdemeanour theft case in Longmont, Colorado, according to the ABC TV affiliate in Denver.