A week later on September 18, Hmiel was suspended indefinitely for failing a drug test, testing positive for marijuana. According to NASCAR's substance abuse policy, the sanctioning body is allowed to administer drug tests, based only on "reasonable suspicion", at their sole discretion. At the time, he was the highest-profile driver to fail such a test. Hmiel was released from Innovative Motorsports, replaced with former Busch Series champion Jeff Green at Dover, then several other veteran drivers for the remainder of the season. He was set to drive the 91 car for Evernham Motorsports that weekend at Dover coming up but the team withdrew after the suspension.