WASHINGTON — Chief Justice John Roberts spoke out in vain today against a lower-court ruling he says will "grant drunk drivers 'one free swerve"' that could potentially end someone's life.

Roberts wanted the Supreme Court to review the lower court ruling but he failed to persuade enough of his colleagues.

The court declined to hear an appeal from Virginia officials who had their drunken driving conviction of Joseph A. Moses Harris, Jr. thrown out by that state's Supreme Court. Police were notified by an anonymous tipster that Harris was driving intoxicated, but the arresting officer did not see Harris break any traffic laws.

The majority of the justices did not say why they did not take the case, but Roberts in a written dissent, joined by Justice Antonin Scalia, said the Virginia court's decision will put people in danger.

Roberts said a majority of the courts have said it doesn't violate the Fourth Amendment protection against unreasonable search and seizure to pull over drunk drivers based on anonymous tips from programs like the "Drunk Busters Hotline."

But some courts, including some in Wyoming, Massachusetts and Connecticut, have agreed with Virginia in saying that police must see a traffic violation before pulling over a suspected drunken driver based on an anonymous tip.