DENVER — A bill that is expected to be introduced in the Colorado State Capitol within the next week would change how law enforcement responds to crashes where someone is seriously injured or killed.
The legislation, which will be called Magnus' Law, was shaped by what happened on a devastating day in the summer of 2023 when Magnus White, a 17-year-old decorated cyclist, was killed while on a training ride in Boulder County.
▶️ Watch the full report in the video player below.
The driver, Yeva Smilianska, was convicted of vehicular homicide and sentenced to four years in prison in 2025 after admitting to passing out behind the wheel.
"What people are just so blown away by, so upset about, is the only person ever tested that day was Magnus, the dead child. Not the person who killed him," said Michael White, Magnus' father, about Smilianska not receiving a sobriety test at the scene of the crash.
During the trial, prosecutors pointed to video evidence that showed Smilianska drinking late into the night prior to the crash.
"The individual blamed her car steering," Michael White said about Smilianska's original explanation that an issue with her car caused the crash. "So, for 20 months, that was a story until trial. That a car malfunctions, crashes into the back of our son, no drugs or alcohol suspected."
The Whites believe if Smilianska would have been administered a breathalyzer at the scene of the crash, it would have changed their son's case.
"We would have gotten to the truth faster. We wouldn't have been waiting," said Jill White, Magnus' mother.
According to a report from The White Line, the nonprofit founded by the Whites in the wake of Magnus' death, more than 80% of Coloradans are in favor of mandatory drug and alcohol testing after a serious crash.
Magnus' Law would require law enforcement to offer drivers a breathalyzer test when responding to scenes where someone has been seriously injured or killed. The driver would have the ability to refuse that test.
"This is for every family after us that's going to go through this, because this isn't going to stop. It's going to continue," said Michael. "We hope to cut down the numbers with this, with this law, but also providing, you know, victims and their families a sense of justice and accountability."
State Sen. Dylan Roberts, D — District 8, is one of the legislators who will be sponsoring Magnus' Law. Roberts said the bill has bipartisan support in the Senate.
"What we're hoping with this bill is to ensure that every time there is a serious injury or a death as the result of a car crash that an officer needs to offer the driver of that crash a portable breath test or some sort of preliminary screening to see if there is potentially alcohol or other intoxicants involved," said Roberts. "Let's try to figure out the full picture of what's going on here. Maybe it was truly an accident, but if there was foul play, if there was intoxication, we need to have that investigation, and that's what the victims deserve."
The bill would require every Colorado law enforcement officer to take that step at such crash scenes. When asked about what opposition lawmakers have heard so far related to the bill, Roberts said it is centered upon ensuring the new mandate would not infringe upon Constitutional rights.
Still, Roberts said pushback has been minimal so far.
"This is an idea that was included in a larger bill last year that didn't move forward, but we heard a lot of really good feedback, and so we've been using that to craft this language," said Roberts. "The groundwork that's been laid for this bill has been very extensive, and I think it's going to lead to very broad support here."
Boulder
Parents of Magnus White say son feels 'further away' after driver's conviction
Roberts does not expect there to be a cost associated with the bill, which is notable in a year where lawmakers are staring down a multi-million dollar budget shortfall.
"We're hoping to just get this in the minds of officers, like we wished could have happened in Magnus' case, of what's going on here? Let me look at the evidence. Let me try to figure out what we could do to support justice in this case," Roberts said.
For Magnus' parents, this bill passing through the Colorado State Capitol would become part of their son's legacy — a legacy they believe will save lives in the future.
"That's the key difference. Is when somebody is impaired, that's a crime. When there's a crash, somebody's at fault, but when there's impairment, that's a crime. And so that's what we want to root out or detect at the very beginning," Michael said.
Denver7 will update this article once the bill is introduced.
We are committed to shining a light on the dangers vulnerable road users face in Colorado.
In a special Denver7 report below, the White's shared more about their foundation, The White Line, and how they are working to create a safe space for other impacted families to tell their stories.
Also in 'On Two Wheels presents: Love, Loss and the Safer Road Ahead', they are joined by Josh Stewart, the father of a Littleton 7th grader killed while riding his bike to school.
