A lot of licks have a 3 note pattern on the high e string. Commonly played down-up-down, which would violate the law of DWPS ending on an upstroke. However there is no string to get stuck between. Is this an OK maneuver when using DWPS?
You can use DUD on any of the strings with DWPS as long as you are not changing strings. Most people do DUD to accent on a Down. It’s on the string change that the odd notes will grab ya.

If you are downward pick slanting and you play a downstroke on the high E string the tip of your pick will immediately be between the plane of the strings and the body of the guitar. To then do a stroke on any other string besides striking the E string again, you’d have to do a separate move to get the pick in position to strike a different string. You’d have to lift it out from under the plane of the strings even though the pick is not caught between two strings.
To phrase it another way, the issue of the pick being ‘stuck’ isn’t as much about it being ‘stuck between strings’ but more so below the plane of the strings. What I wrote in the above paragraph is 100% true for all strings on the guitar - you’ll require an additional motion to get the pick in position to strike a string other than the string just played with a downstroke (that is if, for discussion purposes, you exclude swiping as a possibility.)
If you strike the high E string with an upstroke while downward pick slanting, the tip of your pick is above the plane of the strings and in one motion able to come down and strike any other string, but that’s just not true of a downstroke.
If TLDR - Yes, it matters.