Hmiel was not paid his 2005 salary for races prior to the suspension, as Braun Racing alleged that Hmiel signed the contract in bad faith due to health concerns, leading Hmiel to sue the team for over $135,000 in earnings and another $135,000 for "bad faith dealings" by the team. Under oath, Hmiel admitted that he violated NASCAR's substance abuse policy with a positive test for marijuana in 2003 and a positive test for marijuana and cocaine in 2005. Hmiel denied he was using drugs on a regular basis (at least once a week) in 2005. Hmiel denied that he had tested positive for heroin at any time from 2003 to 2005, and testified that he was not under the influence of any drug at any time while he was racing. The disposition of the lawsuit is unknown.