Ok so to clarify, drl's are disabled (front). One click on the switch and no tail lights. Two clicks and you have all lights (including tail lights) turn on. If that's the case then I don't see any problems associated with legality. Drl's only light up your brights at reduced power, not your tails. Yes the tail lights should be illuminated along with your front parking lights on that first click, but really as long as your headlights are on, the tails will be on as well.
Did you personally install those aftermarket tails, or did the previous owner? Are they led, or oem replacement? They were probably either modded, improperly installed (blowing a fuse or relay), or don't support a parking light feature. Post pics of the lights, it might help.