Teaching while drunk is not illegal in California (but it is highly inappropriate), says DA after charges dropped against elementary teacher

A woman in California who was arrested on DUI charges has inadvertently proven that it is, technically, legal to get drunk and teach children.

Wendy Munson, a second-grade teacher at Nuestro Elementary School in Sutter County, California, was arrested on October 2, 2023, on DUI and child endangerment charges.

The situation unfolded when a staff member at the school became aware of Munson's alleged impairment and called the police. The Sutter County Sheriff's Office sent deputies to investigate and were told by another teacher that Munson had allegedly driven to school impaired and then went on to teach classes in that condition.

Munson was in the middle of teaching a class when the deputies arrived to confront her. She failed a field sobriety test and was arrested, police said.

While the field sobriety test seemed to confirm that Munson was drunk while she was teaching, it did not prove she drove to school in that condition, the Sutter County District Attorney’s Office said. It didn’t prove that the children she was teaching were in danger, either.

On Monday, Sutter County DA Jennifer Dupre dropped the charges against Munson.

“After a lengthy and thorough investigation, the Sutter County District Attorney’s Office has determined that no charges will be filed against Wendy Munson, the second-grade teacher at Nuestro School who was arrested on October 2, 2023,” she said in a statement posted to Facebook. “During the investigation, it could not be established that Munson was under the influence when she drove to the school, as opposed to drinking only after arriving there.”

According to the DA, there was no evidence suggesting the children in Munson's class were ever actually in danger, preventing prosecutors from pursuing a child endangerment ruling.

That essentially means that, under California law, it is legal to teach children in a professional capacity while intoxicated.

“The mere potential that a situation could arise is insufficient to meet the requirements under the law,” the DA wrote. “While the District Attorney’s Office agrees that it is highly inappropriate to teach while intoxicated, it is, unfortunately, not illegal.”

In the meantime, Munson’s students were given a long-term substitute. They did not see her arrest on the day it occurred.

While Munson will not face charges for teaching while drunk, she could still be fired for drinking while on the job. The Independent has reached out to the Nuestro School District for information on Munson’s employment status.