The state Supreme Court says drivers cannot be stopped simply for weaving within their own lane.

The decision comes from a drunken driving case in Sauk County. A police officer stopped Robert Post for weaving in his lane and straddling the parking lane in Sauk City.

Court records say the five-time drunken driver had a blood alcohol level nearly three times the legal limit when he was stopped.

A state appeals court threw out his conviction, ruling the stop violated the constitutional ban on unreasonable searches and seizures.

Prosecutors asked the Supreme Court to develop a clear rule that says weaving in your lane justifies a stop. But the Supreme Court refused, saying a stop should have more than that single circumstance.

Still, the court upheld Post's conviction, noting that not only was he weaving widely, he was partially in the parking lane.

(Copyright 2007 by The Associated Press. All Rights Reserved.)