Kurt Busch was arrested for speeding and drink driving on Monday night in North Carolina.
The 2004 NASCAR Cup Series champion was initially pulled over for speeding, having been reportedly travelling at 63mph in a 45mph zone on Monday night.
Busch was later arrested and charged with drink driving, careless driving, and reckless driving by the Iredell County Sheriff's Office.
Busch's blood-alcohol level at the time of the arrest was 0.17%, while the legal limit in North Carolina is 0.08%.
The 2017 Daytona 500 winner was released after three hours and his driver's licence has been revoked for 30 days. He will appear in court on 19 September.
Busch hasn't raced in the NASCAR Cup Series since midway through the 2022 season, when a crash during qualifying at Pocono sidelined him with a concussion. Busch, now 46, was never able to go back racing at the top level and officially announced his retirement in August 2023.
Busch has served as a team ambassador for the 23XI Racing team in the years following the Pocono crash.
His Cup career spanned 23 years, winning 34 races in 776 starts. He won races with various teams throughout his time, including Team Penske, but his lone championship came with Roush (now RFK Racing). His final race win came with 23IXRacing at Kansas Speedway in 2022, three months before the career-ending crash.