He could be charged with both! His license was suspended for not having a vehicle with an interlock and he drove in a vehicle without an interlock. These, as you know, are very serious charges and he needs to retain an attorney as soon as possible to help him. Good luck.
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Driving without an interlock ignition device is a MUCH more serious offense than just driving with a suspended license. If he has two OUI convictions (or CWOFs) then he is required to install the IID on ANY car he operates. The fact that he returned the IID does not then give him the right to operate another car, unless he had his license reinstated by the RMV AND that car had the IID. He's looking at mandatory jail time for this felony, and needs to hiring a lawyer ASAP.
The fact that your brother drove without a valid license, coupled with the fact that his license was suspended because he returned his IID, warrant a charge of "driving w/o an IID". He was required to have an IID installed in any car he operated even when he had a valid license. He can now be charged with two crimes; driving with a suspended license and driving w/o an IID.
Consult with and hire a Criminal Defense Attorney ASAP. The attorney would need to review all pertinent facts and circumstances to come up with a meaningful defense (if any) and to represent him. Do not wait until the next court date to hire one as this puts the attorney at a disadvantage.
Hope this helps and best of luck.
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