NASCAR driver Kurt Busch lost his final appeal to have his NASCAR suspension lifted Saturday night.

Busch was accused of domestic abuse by his ex-girlfriend Patricia Driscoll, who alleged that in September Busch, strangled her by putting his hand on her throat and slammed her head into the wall of his motorhome at Dover International Speedway in Dover, Delaware. On Monday a Delaware family court judge granted Driscoll’s request for a protection order against Busch, and ordered him to undergo mental health counseling for his anger management issues. NASCAR suspended Busch indefinitely on Friday after Kent County Commissioner David Jones ruled that Busch “more likely than not committed an act of abuse” against Driscoll last September at Dover International Speedway, according to Fox Sports. Busch has denied the allegations all along and appealed the suspension by NASCAR.

A three-member NASCAR appointed panel upheld the suspension on Saturday during the initial appeal. An appeal was made to NASCAR Final Appeals Officer Bryan Moss who upheld the suspension Saturday night.

"Kurt Busch now has exhausted his appeal options under the NASCAR rulebook, and the indefinite suspension remains in effect," NASCAR said in a statement. "He will not be allowed to race nor participate in any NASCAR activities until further notice.''

Rusty Hardin, Busch’s attorney, said that they are unhappy with the decision and they will use every procedural and legal remedy until Busch is vindicated. He also said that they will show Driscoll’s true character, motivation, and history.

Bush has lost his personal services relationship with Chevrolet as a result of the suspension. If he had won the appeal he could still have missed the Daytona 500 on Sunday. Regan Smith will drive Busch’s number 41 Stewart-Hass Racing Chevrolet in the Daytona 500, but it’s unknown who will be in the car after Daytona, according to ESPN. Delaware’s attorney general hasn’t announced yet whether Busch will be charged with domestic violence.

Kurt Busch’s brother Kyle Busch will also miss the Daytona 500 after being injured in a crash on Saturday.