California Teacher Arrested for DUI, Child Endangerment for Facing No Charges: 'It's Not Illegal to Teach Drunk.'

Sutter County – A Sutter County second grade teacher who was arrested for DUI and child endangerment will not face any charges.

Wendy Munson was arrested in October 2023 After a staff member at Nuestro Elementary in Live Oak reported they thought Munson was teaching classes drunk. Investigators said Munson's blood alcohol content was twice the legal limit.

“It’s not illegal to teach drunk,” said Sutter County District Attorney Jennifer Dupre.

Dupre said he spent months investigating the case but was unable to file criminal charges.

“There was the possibility that she was drinking after she got to school,” Dupre said.

Early in the investigation, it was believed the 2nd grade teacher went to school drunk, but Dupre's office could not prove it.

“I certainly don’t support anyone teaching drunk, but I can’t charge anyone criminally,” she said.

Parents are concerned about what kind of precedent this sets that teachers can be intoxicated in the classroom.

That's why Dupre couldn't press charges – even though investigators say the teacher was at work with a blood-alcohol level twice the legal limit.

“If you show up to a job drunk, it’s a clear offense,” said Matthey Cudney, who lives in Yuba City.

Consistent with most schools, Nuestro Elementary in Live Oak is a drug and alcohol free zone. The District Personnel Manual states that for violators thereof, the Board will require termination where termination is required by law.

Dupre said there is also an inconsistency in child endangerment law. She said it was to prove that the teacher would “endanger” May and endanger the children.

“We couldn’t prove that his intoxication would put them in danger,” Dupre said.

DuPre also could not prove public intoxication.

“We have to prove that she is incapable of taking care of herself and others, and the investigation did not show that,” she said.

Parents think teachers should be held to a higher standard.

“Being a teacher is a little unique because parents entrust their children to a teacher at school,” Cudney said.

The law disagrees and leaves it up to districts to decide how to discipline themselves.

“We tried because I don't like the driving. It's not acceptable, but unfortunately it's not criminal,” Dupre said.

CBS13 is still working to get a response from Nuestro Elementary School District. Its website no longer has Munson listed as a teacher.

According to the Commission on Creative Teaching, a teacher could lose their diploma for this type of misconduct, but it is on a case by case basis.