Deputy Maui Prosecuting Attorney Kerry Glen said Monday that the judge signed off on the move but will give prosecutors about two years to refile charges if Reyes' wife cooperates.
Glen says it's impossible to move forward with prosecution without cooperation from Reyes' wife, who refuses to speak with prosecutors.
The former New York Mets shortstop was arrested Oct. 31 at the Wailea Four Seasons Resort.
Reyes was released after posting $1,000 bail. The money will be returned now that the charge is dismissed.
Reyes can still ask the judge to dismiss the case outright, taking away prosecutors' ability to refile charges. So far, defense attorney David Sereno hasn't filed a motion requesting that.