How to Complete Florida Form HSMV 72034: Request for Eligibility Review

Florida Form HSMV 72034, the Request for Eligibility Review, is a one-page application that lets a first-time DUI offender get a business-purposes-only license immediately, without waiting out the standard 30- or 90-day hard-suspension period and without a hearing. You file it with the Bureau of Administrative Reviews (BAR) within 10 days of your suspension notice, along with proof of DUI school enrollment, a copy of your citation, and a $25 fee. In exchange for the fast restricted license, you waive your right to contest the suspension at a formal or informal review hearing.¹

Who Can Use This Form

Florida Statute 322.271(7) limits the eligibility review to drivers who meet all three of these conditions: you have never had a license suspended under the administrative DUI suspension statute (Section 322.2615), you have never been convicted of DUI under Section 316.193, and you have never been disqualified from a commercial license under Section 322.64.¹ This is a true first-offender form. An out-of-state DUI conviction counts as a prior and disqualifies you.

If you have any prior DUI or administrative suspension on your record, HSMV 72034 is the wrong form. Drivers in that situation apply for a hardship license through the standard administrative hearing route using HSMV 78306, or request a review hearing using HSMV 78065.²

What to Gather Before You File

Three items have to go in with the form. If any one is missing, the BAR will not process your request.

Proof of enrollment in a licensed DUI program substance abuse education course and evaluation. Enrollment is enough at the filing stage, but you must complete the course within 90 days of reinstatement or the department will cancel your license until you finish.²¹
A copy of your DUI citation. The arresting officer should have given you one at the scene with the suspension notice. If you don’t have it, contact the arresting agency.
A non-refundable $25 filing fee payable to DHSMV.²

How to Complete the Form

HSMV 72034 is a single page available as a PDF at flhsmv.gov, or in person at any BAR office.³ It has three parts: your identifying information, four application questions about your driving history, and the signatures.

Identifying Information

Enter your full legal name (first, middle or maiden, last) exactly as it appears on your Florida driver license or state ID. Mismatches with your driving record cause processing delays. Then fill in your date of birth, driver license number, and the state that issued the license. Below that, your current mailing address, phone, and email. The BAR uses this information for every piece of correspondence about your eligibility, so make sure it is current.

Application Questions

The four questions in the middle of the form go to your driving history and let the BAR confirm you meet the first-offender conditions in Section 322.271(7). Answer each one accurately. A false statement can mean denial and other legal consequences.

Signatures

Sign and date the form at the bottom. A witness must also sign, date, and print their name. Any adult can serve as the witness; they’re attesting that you signed the form, not vouching for the content of your answers.

The 10-Day Deadline and Where to File

You have 10 calendar days from the date your suspension notice was issued to submit the form. The deadline is set by Section 322.2615(1)(b)3, which gives drivers that same 10 days either to request a formal or informal review hearing or to apply for an eligibility review.⁴ The temporary driving permit the arresting officer issued expires at midnight on the 10th day. Miss the window and you lose this option entirely.

Submit the completed form, the $25 fee, your citation copy, and the DUI school enrollment proof to the BAR office nearest your residence.² Office locations are listed on the FLHSMV website, or you can reach the BAR clerk line at 850-617-3000. Hand delivery gives you the most control over the deadline. Mailing works, but keep proof of delivery, because a late submission means no review.

What the Restricted License Lets You Do

If the BAR grants your eligibility review, you get a license restricted to business purposes only. Florida defines that term broadly: driving to and from work, driving on the job, driving for educational purposes, driving for church, and driving for medical purposes.⁵ The restriction stays in place for the full suspension period:

Six months if your suspension was for driving with a breath- or blood-alcohol level of 0.08 or higher.³
One year if your suspension was for refusing a breath, blood, or urine test.³

The timing advantage is the whole point of the form. A driver who goes through a hearing and loses still has to wait 30 days (unlawful alcohol level) or 90 days (refusal) with no driving privileges at all before applying for a restricted license.⁴ Section 322.271(7) opens with “Notwithstanding” those waiting periods, which is why eligible first-time offenders who file HSMV 72034 skip the wait entirely.¹

What You Give Up by Filing

Accepting the restricted license through HSMV 72034 is a waiver of your right to a formal or informal review hearing under Section 322.2615.¹ The form states this directly.³ The waiver cannot be used as evidence against you in another proceeding such as a criminal DUI case, but you permanently lose the administrative avenue to attack the suspension itself.

At a formal review, a hearing officer can take witness testimony and other evidence and may sustain, amend, or invalidate the suspension.⁴ If the suspension is invalidated, your full driving privileges come back with no restrictions. That outcome is off the table once you file the 72034.

When the Hearing Path Makes More Sense

You cannot pursue both routes. Here is how to think about the choice within the 10-day window:

File HSMV 72034 if you’re a first-time offender whose main concern is continuing to drive for work, school, church, or medical appointments, and you don’t plan to contest the suspension. You get a restricted license faster than any other path, with no hearing to attend. The BAR decides based on your paperwork alone.

File HSMV 78065 instead if you think the traffic stop lacked probable cause, the breath or blood test was administered improperly, or some other factual defect could invalidate the suspension outright. A formal review lets you subpoena and cross-examine the arresting officer and present evidence. The department must schedule the formal hearing within 30 days of your request, and if it misses that deadline the suspension is automatically invalidated.⁴ The tradeoff: requesting a hearing does not stay the suspension, and if the hearing officer sustains it, you then face the 30- or 90-day hard-suspension period before you can apply for a restricted license through the standard hardship process.

A Note for CDL Holders

Filing HSMV 72034 does not keep a DUI off your commercial driver record. Federal regulations at 49 CFR 384.226 bar states from masking, deferring, or diverting any traffic conviction so that it fails to appear on a CDL holder’s record in the Commercial Driver’s License Information System, and the rule applies to any vehicle, not just commercial ones.⁶ A Florida DUI administrative suspension will show on your CDL record whether you pursue the eligibility review, request a hearing, or do nothing.

1
Florida Statutes. Florida Code 322.271 – Authority to Modify Revocation, Cancellation, or Suspension Order
2
Florida Department of Highway Safety and Motor Vehicles. Bureau of Administrative Reviews (BAR)
3
Florida Department of Highway Safety and Motor Vehicles. HSMV 72034 – Request for Eligibility Review
4
Florida Statutes. Florida Code 322.2615 – Suspension of License; Right to Review
5
Florida Senate. Florida Code 322.271 – Authority to Modify Revocation, Cancellation, or Suspension Order
6
eCFR. Prohibition on Masking Convictions