• Transportation & Motor Vehicles

This bill expands penalties for careless driving resulting in serious bodily injury or death and authorizes driver’s license suspension in such cases.

SECTION 1 – License Revocation or Suspension (C.R.S. 42-2-128):

• Mandatory revocation of a driver’s license for anyone convicted of vehicular homicide.

• Permits the suspension (up to 1 year) of a driver’s license for a conviction of careless driving resulting in serious bodily injury or death (per 42-4-1402).

SECTION 2 – Careless Driving Penalties (C.R.S. 42-4-1402):

• Class 2 misdemeanor traffic offense for basic careless driving.

• If careless driving causes:

  • Bodily injury: Class 1 misdemeanor.

  • Serious bodily injury:

    • Class 1 misdemeanor.

    • License suspension up to 1 year.

  • Death of one person:

    • Class 6 felony.

    • License suspension up to 1 year.

  • Death of multiple people: Each fatality counts as a separate violation.

SECTION 3 – Required Testing After Death (New provision in 42-4-1402):

• Law enforcement must administer drug/alcohol tests if they believe careless driving caused a death.

• Test should be conducted as soon as possible.

• No test is required if not feasible within a reasonable time.

• Refusal to take the test:

  • Admissible in court.

  • Person cannot claim self-incrimination to block its use.

SECTION 4 – Due Care Toward Vulnerable Road Users (C.R.S. 42-4-807):

• Expands duty of care from pedestrians to include vulnerable road users (e.g., cyclists, wheelchair users).

• Failure to exercise due care:

  • Class A traffic infraction.

  • If this causes:

    • Bodily injury → Violation of 42-4-1402(2)(b)(I).

    • Serious bodily injury → Violation of 42-4-1402(2)(b)(II).

    • Death → Violation of 42-4-1402(2)(c).

SECTION 5 – Expressed Consent (C.R.S. 42-4-1301.1):

• Clarifies that by driving in Colorado, a person consents to chemical testing under both DUI and careless driving death provisions.

SECTION 6 – Point Schedule Amendment (C.R.S. 42-2-127):

• Repeals 12-point penalty for “careless driving resulting in death” from the point system statute.

SECTION 7 – Effective Date and Applicability:

• Becomes law 90 days after adjournment of the legislature unless referred to voters.

• If petitioned to ballot and approved by voters in November 2026, it takes effect upon governor’s declaration.

• Applies to offenses committed on or after the effective date.

Current law states that a person who commits careless driving and
thereby causes bodily injury to another commits a class 1 misdemeanor.
The bill adds that, in addition to the class 1 misdemeanor, a person who
commits careless driving and thereby causes serious bodily injury to
another may also be subject to driver's license suspension for up to one
year.
The bill increases the penalty for a person who commits careless
driving and thereby causes the death of another by:
  • Increasing the penalty from a class 1 misdemeanor traffic
offense to a class 6 felony; and
  • Adding the possibility of driver's license suspension for up
to one year.
Additionally, if a person commits careless driving and thereby
causes the death of more than one other person, each person killed is a
separate offense.
The bill requires that, if a person commits careless driving and
thereby causes the death of another, a law enforcement agent shall
administer testing to determine the drug or alcohol content within the
person's system. A refusal to submit to the test is evidence of a violation.

• Past bill versions
• Past fiscal notes
• Committee activity and documents
• Bill History