California DA drops charges against ‘drunk’ second-grade teacher: ‘Teaching under influence not illegal’

A California teacher who was busted for being drunk while teaching her second-grade class has had all charges dropped against her because “it is unfortunately not illegal.”

Wendy Munson, 57, was arrested on October 2, 2023, after a staff member called the Sutter County Sheriff’s deputies and reported her as being intoxicated while teaching at Nuestro Elementary School in Live Oak, north of Sacramento, California. According to ABC10, she has previously been nailed three times for driving under the influence and this time her blood alcohol score was twice the legal limit. Mind you, she also allegedly drove herself to work in that condition.

Nevertheless, a leftist district attorney said on Monday that teaching while intoxicated was not illegal and claimed they had to drop all charges due to a lack of evidence that a crime was committed.

“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,” the DA’s office concluded, according to the Daily Mail.

“The behavior is reprehensible,” Sutter County District Attorney Jennifer Dupré asserted. “But it doesn’t violate the penal code to teach kids when they’re drunk.”

When deputies arrived at the school and walked into the teacher’s classroom she was reportedly slurring her speech and appeared very intoxicated.

Video evidence was provided to the DA’s office showing Munson driving to the school. She failed a sobriety test afterward. The teacher was arrested for 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,” the Daily Mail noted.

(Video Credit: ABC10)

Following her arrest, there was an eight-month investigation culminating in prosecutors announcing that no charges would be filed.

“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,” the Daily Mail wrote.

“She doesn’t get out of the car and tumble or anything, so that didn’t help us,” Dupré told the LA Times in an interview attempting to justify dropping the charges.

Investigators interviewed the teacher’s current and former students. They claimed they could not determine whether she was inebriated while driving to the school or if she started drinking once she got there. Prosecutors insist they could not meet the legal criteria for the child endangerment charge either.

“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,” the district attorney’s office stated.

“The person has to have placed them in a position where they are in danger, not might be in danger,” Dupré contended. “We tried because I don’t like the conduct. It’s not acceptable, but it’s unfortunately not criminal.”

The matter has been punted back to the school and the district for handling. Munson is no longer listed as a teacher on the district’s website.

“I thought it was crazy. I think she should’ve called out of work,” Kaitlynn Conley, a parent of a student at the school told CBS News. “I know people have fun weekends, but that was definitely not OK as an educator.”

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