Wendy Munson, 57, was arrested for allegedly teaching her second-grade class while intoxicated in Oct 2023

The ‘teaching while under influence’ teacher had the charges dropped after prosecutor admitted the act ‘is unfortunately not illegal’

Prosecutors announced she will not face charges due to insufficient evidence

‘The mere potential that a situation could arise is insufficient to meet the requirements under the law‘

While teaching under the influence is highly inappropriate, it is, unfortunately, not illegal,’ DA’s office said

The school district has removed Munson’s name from their website

Wendy Munson, [photo], was arrested for allegedly teaching her second Graders while intoxicated, in October last year. She will not face charges due to insufficient evidence – apparently while teaching drunk is ‘wrong’, there is no law specifically prohibiting such behavior

A 57-year-old teacher in California, who was arrested for allegedly teaching while being drunk will not face charges, because of a lack of evidence.
Second-grade teacher Wendy Munson was detained on October 2, 2023 after Sutter County sheriff’s deputies were alerted to a staff member appearing intoxicated at Nuestro Elementary School in Live Oak, north of Sacramento, California.
Despite the arrest, prosecutors found insufficient evidence to prove a crime had been committed, that could justify prosecution.
Responding to disquiet on the quashing of the matter, the District Attorney’s office stated: ‘The mere potential that a situation could arise is insufficient to meet the requirements under the law.
‘While teaching under the influence is highly inappropriate, it is, unfortunately, not illegal’.

Second grade teacher Wendy Munson was detained on October 2, 2023, after Sutter County sheriff’s deputies were alerted to Munson appearing drunk at Nuestro Elementary School, [photo], in Live Oak, California 

Sutter County District Attorney Jennifer Dupré, while acknowledging that ‘The behavior is reprehensible,’ said, ‘But it doesn’t violate the penal code to teach kids when they’re drunk.’ 
Deputies arrived at the school and walked into Munson’s class where she appeared to be slurring her speech and showing signs of having hit the bottle.
Video evidence was also provided of her driving to school and failing a sobriety test afterwards. 
She was taken into custody on suspicion of driving under the influence and child endangerment. 
Subsequent tests even revealed her blood alcohol level was 0.20% and 0.19%, well above the 0.08% legal limit for drivers in California.

Sutter County District Attorney Jennifer Dupré, [photo], while acknowledging that ‘The behavior is reprehensible,’ said, ‘But it doesn’t violate the penal code to teach kids when they’re drunk’ 

After an eight-month investigation, prosecutors have announced that no charges would be filed against Munson. 
Video footage of Munson driving to school did not conclusively prove that she was intoxicated, as she did not exhibit overt signs of being impaired after she got out of her car.
‘She doesn’t get out of the car and tumble or anything, so that didn’t help us,’ Dupré said to the LA Times. 
The investigation included interviews with Munson’s current and former students but could also not establish whether she was drunk while driving to work or if she began drinking at the school.
Prosecutors also could not meet the legal criteria for the child endangerment charge. 
‘There was no specific information indicating that the children in Munson’s class were placed in a position where their persons or health were endangered,’ officials with the district attorney’s office explained.
‘The person has to have placed them in a position where they are in danger, not might be in danger,’ Dupré said. 
‘We tried because I don’t like the conduct. It’s not acceptable, but it’s unfortunately not criminal.’

Munson was a 2nd grade teacher but her name has been removed from the school district website, despite her alleged drunkenness on the job being deemed not illegal by authorities

The incident is now considered a personnel matter for the school and district. 
‘I thought it was crazy. I think she should’ve called out of work,’ said parent Kaitlynn Conley to CBS News while picking up a student at Munson.
‘I know people have fun weekends, but that was definitely not OK as an educator.’ 
The district’s website no longer lists Munson as a current teacher.