At Charlotte in May 2005, Hmiel was administered another substance test following Busch Series qualifying, after NASCAR officials observed Hmiel making "erratic moves" on the racetrack. In June at Dover, it was revealed that he had failed the test, and he was escorted from the garage by NASCAR officials. Hmiel had tested positive for marijuana and cocaine, and was suspended "indefinitely" starting in May 2005. Hmiel was offered a chance at reinstatement after his second infraction, under condition that he submit to medical and psychological reviews, and frequent drug testing before reinstatement. In February, 2006, however, Hmiel failed a third and final drug test, and was banned for life from NASCAR. He stated on "WindTunnel with Dave Despain" on April 4, 2010, and on several other occasions that his ban was "the best thing that's happened" to him. The ban would be partially lifted in 2012 (see below).