Late one night, a deputy sheriff found Ronald Rico in his car parked on the side of a road in a rural area of the county. Rico was at the wheel, the headlights were on, and the radio was playing at a loud volume. The motor was not running. No one else was in the vehicle. A field sobriety test and a later chemical test indicated that Rico had a 0.14 blood alcohol concentration level. Under these circumstances, should Rico be prosecuted for driving under the influence of alcohol?

What defenses would a lawyer representing Rico likely raise?