I would think that the PO didn’t catch it, multiple possible reasons. I was pulled over for a speeding (45 in 55) several months ago and he didn’t ask about mine, although it was in my car and I had been blowing in it all day. After everything, I am not about to even attempt to drive illegally and even the speeding 10 mph over the limit was unusual for me.
IMO (I’m not a lawyer, this is a laymans opinion,) even if the judge does see it come up on DMV report, there was no charge, so it wont be addressed. Her getting her own report from the DMV will cost a little $, but this is a way she can be prepared with more information. I don’t believe it would raise flags; people get their reports all the time for various reasons.
I did put mine in a clunker car. The reason is that there are many accounts of the device causing electrical problems so I didn’t want to ruin a newer car. Also of course the device and all related to it is quite expensive and I don’t think I could afford a newer car until it is removed.
I have heard that DMV pays close attention to if the car is not being used, and will assume doggedly that the person is driving some other car. Which, is usually the case. I’ve read statistics that only about 1/4 those sentenced actually use them. In my life, I know of only two other people who drive them with in car. I don’t see how this is physically possible when I am around huge amounts of people in a large city and I would have heard many more alarms if people were using them. Statistics for alcoholism is 1 in 8-10 ppl. I do not know how this number translates to dui, but there must be a correlation, thus I should be hearing more alarms. I am talking about the initial horn, not if there is a missed test while driving.
With two dui’s she does need a lawyer. I would use a public defender, because even with an expensive “good” lawyer, she most likely still be convicted, and she is about to lose a great deal of money. There are a lot of good public defenders.