CLARIFICATION: WHO MAY DISMISS A DWI CHARGE?

This week’s Gazette article concerning DWI arrests and dismissals has prompted several

telephone calls, including questions about who has the authority to dismiss a DWI prosecution.

Under Louisiana law, the district attorney’s office controls the prosecution of criminal charges,

including DWI charges. In the Third Judicial District, the current district attorney is John

Belton, and his chief felony prosecutor is Lewis Jones.

A voluntary dismissal by the State is a decision made by the district attorney or an authorized

assistant district attorney – not by the judge. Although a court may dismiss a criminal charge on

proper legal grounds, a judge does not decide whether the State should voluntarily abandon a

prosecution and generally cannot prevent the district attorney from doing so.

Accordingly, when the State voluntarily dismisses a DWI charge, that decision rests with

District Attorney John Belton and the prosecutors acting under his authority, including Chief

Felony Prosecutor Lewis Jones.