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UPDATE: Duluth Police officer charged with DUI, refusing breath test

UPDATE 1:45 p.m.– Court documents show an off-duty Duluth Police officer apparently admitted to having between seven and eight drinks the night he was pulled over for drunk driving in Duluth.

Daryl Diver, 48, was charged last Friday with 4th degree DUI and refusing to submit to a breath test in St. Louis County Court.

A Duluth Police spokesperson says Diver was put on leave after the incident, which according to court documents, occurred around 10 p.m. October 28 on 6th Avenue East near Central Entrance Drive.

According to court documents, a Duluth police officer originally pulled Diver over. At that point, Diver, who was off-duty at the time, told the officer he had consumed three beers.

The Duluth police officer then called the Minnesota State Patrol for back-up due to Diver’s association with the Duluth Police Department.

When the state trooper arrived, court documents show they observed Diver had a “strong odor of alcohol about his person, bloodshot and watery eyes, slurred speech and slow and deliberate movement.”

According to court records, Diver admitted to the trooper that he had consumed seven to eight alcoholic beverages at Grandmas and at the Copasetic Lounge between 6 p.m. and 10 p.m. that night.

When asked to exit the vehicle, the state trooper said Diver was “unsteady on his feet and stumbling as he walked.”

Court documents show Diver refused a breath test on scene, and was put under arrest.

Diver has since been released from the St. Louis County Jail.

He has been summoned to court for an initial appearance on December 19.

Duluth Police say Diver has been put on administrative leave and an internal investigation is underway.


DULUTH, MN – Duluth Police say one of their own is on administrative leave after allegedly driving while impaired.

Police say an officer made a traffic stop at 10 p.m. on Monday, October 28 after the officer observed driving conduct consistent with signs of impairment.

Police identified the driver as an off-duty Duluth Police officer Daryl Diver, 48.

The officer immediately contacted the Minnesota State Patrol to avoid conflict of interest, a spokesperson said.

The State Patrol found probable cause of impaired driving and arrested Driver.

Diver has been placed on administrative leave while an internal investigation is underway, a spokesperson said.

Scroll down to read the criminal complaint, or, if you’re reading on a mobile device, click here.

Krystal Frasier

Social Media and Digital Content Manager

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