Travis Peterson, 19, of Dixon, Ill., found himself facing that question when he had a few too many during a Dave Matthews Band concert south of Milwaukee. Too inebriated to drive home, Peterson decided to sleep it off in his car in the parking lot after the concert ended.

But a state trooper told him to move on, even though Peterson told the officer he was too drunk to drive. You guessed it. Peterson pulled his car out of the parking lot only to get arrested for drunk driving. He was convicted and sentenced to 60 days in jail.

However, Wisconsin’s 2nd District Court of Appeals court saw things differently, and yesterday commended Peterson for trying to sleep it off. The appeals court also ruled the original trial court was wrong by not letting Peterson argue that police had entrapped him.

“Drinking alcohol to excess, while inadvisable and unhealthy, is not unlawful by itself,” the appeals court said.