Generally, you should be cautious of answers from out of state attorneys. In this case, however, I do not believe the answers given are incorrect.
No, you cannot be charged for a DUI.
The only criminal charge I am aware of related to IIDs is for tampering, circumventing, not installing, or the like. I am unaware of any criminal consequences for failing a blow when you are required to have an IID.
I seriously doubt the test failure would result in a DUI. Since the IID didn't lock you out I also don't think it will be reported. The only problem you MIGHT face is with DMV.
In any event, you should contact an experienced attorney in your area to clarification on the issue.
If you are not on probation, then is it only the DMV that is requiring the IID and not the Court? If so, then I would suspect that any issue would only be with the DMV, and not another DUI charge from the court.
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