I practice DWI defense in an area rich in colleges and universities. Students young and old often never give up their home state licenses to attend school. They see this time in their life (living in Ithaca and upstate New York) as temporary, even if they are here for years. When you are arrested for a DWI, your driving privilege in New York and elsewhere is in jeopardy.
New York State courts can only revoke and/or suspend your New York State driving privileges. At his arraignment (initial appearance), a judge must suspend his driving privilege here (NYS) if he had a BAC of .08 or higher OR if he refused to take a breath test. This is called a suspension pending prosecution.
If your home state is NOT notified, you can still drive in the 49 states while your case is pending.
If you can prove need, New York State will offer a hardship license to those who have taken a breath test, but not those who have refused it. Hardship leaves are limited privileges for limited periods of time.
New York generally does not notify the home state DMV until the hearing/final disposition of your criminal case. However, if you refuse the breath test (a refusal case), you will have a hearing with the New York State DMV. Your New York State driving privileges are likely to be revoked (cancelled) after your administrative denial hearing, the New York DMV will notify your home state at that time that it has been revoked (in New York State). York) for refusing to take a breath test.
45 states are party to an interstate compact that requires them to suspend the license of anyone who has lost their driving privilege in another state. These five: Georgia, Massachusetts, Michigan, Tennessee and Wisconsin DO NOT BELONG to the compact.
http://en.wikipedia.org/wiki/Driver_License_Compact
Conclusions: Your privileges will likely be suspended and/or revoked in your home state, either after an administrative denial hearing with a judge or at the end of your criminal case. After your criminal case is resolved by a guilty plea or a guilty plea to one of the DWs (DWAI, DWI, or ADWI), New York State will generally offer out-of-state drivers who live in the state of New York a conditional driver’s license for school, work, and medical care if they take the New York State DMV’s DDP.
Your home state suspension or revocation will likely last until your New York driving privilege is reinstated. Your home state may or may not offer you a conditional license to drive to school, work, and health care. Your home state may also choose to impose an additional period of suspension or revocation for a DWI, DWAI, or ADWI conviction in New York. Your home state may also require installation of an ignition interlock device on your cars, alcohol education/awareness classes, alcohol treatment, an alcohol/drug evaluation, fines and annual state DMV surcharges. You should always consult with an attorney in your home state (and county) to confirm what may or may not happen to you and your driver’s license.