Teacher arrested for being 'drunk' in second-grade class has charges dropped after prosecutor admits 'it is unfortunately not illegal'

A 57-year-old second-grade teacher who was arrested for allegedly teaching while being drunk will not face charges, because of a lack of evidence.

Wendy Munson, 57, 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.

'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 stated.

Wendy Munson, 57, was arrested for allegedly teaching while intoxicated, but prosecutors announced she will not face charges due to insufficient evidence

Munson was detained on October 2 after Sutter County sheriff's deputies were alerted to Munson appearing drunk at Nuestro Elementary School in Live Oak, California 

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

'The behavior is reprehensible,' said Sutter County District Attorney Jennifer Dupré. '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.

But after an eight-month investigation, prosecutors announced 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.

Munson was a 2nd grade teacher but her name has been removed from the school's website

'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.'

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.