Thank you for your response. I understand that these are VERY serious charges since they carry a 6 month to 2 ½ year sentence with 150 days mandatory. He is being held on the charge and I will have to retain a lawyer for him. But my question is, if he had never received the interlock device and had a suspended license for the 2 DUIs from 12 years ago, he would be charged with driving on a suspended, not driving without the interlock because he never received an interlock, even though if he had reinstated his license they would require it.

In the affidavit he signed when receiving the interlock, he swore he understood that while having the Z restriction he would not drive a vehicle without the interlock, it also states he understood that if his license would be revoked or suspended if the interlock was uninstalled and that he was no longer participating in the program. So if his license was suspended and he was no longer participating in the program, could technically the charge be driving on a suspended? I understand that this may be a stretch, just wondering if this is technically driving without the Interlock or could he fight this and bring it to trial to pursue it being considered driving on a suspended, which is a much less serious crime. Thank you in advance.

No. If he never got the interlock, he would still be charged the exact same way- driving without an IID when one was required after 2 OUIs.