dot regs say that the high beam is supposed to be the bottom one if headlights are in a stacked config. otherwise it's the inboard. i can definetly put a bixenon projector where your high beam is tho. stock look, much better performance.
technically these are approved projectors for street use that utilize a factory hid. they are perfectly legal in this configuration. a flash to pass is not good idea as hid does not like that due to the need to warm up and it is not good for an hid lamp to be started . What you could do is have him install a seperate flash lamp or small set of lamps in between the upper and lower projectors and use that to flash maybe led even. looks awesome man.
i never said they were, although i'd like to think it'd pass dot testing. (if the stock one passed, lol, mine should) yes, this part would technically be a "show piece" only. so are ALL hid kits. including ddm. go hunt that.