France was arrested and held overnight for his arraignment Monday morning.
In a statement to ESPN, the auto racing company said it is aware of the situation and is gathering more information. "Effective immediately, I will be taking an indefinite leave of absence from my position to focus on my personal affairs".
France took over as CEO of NASCAR in 2003, following in the footseps of his father and grandfather, who founded the organization in 1948.
Brian France, the CEO of NASCAR, is taking a leave of absence from the company after he was arrested and charged with driving while intoxicated in NY. Jim France's permanent role is as NASCAR's Vice Chairman.
France was arrested and hauled to a nearby station where he was booked for DUI and criminal possession of a controlled substance in the 7th degree.More news: Rouhani says MPs' call for question unlawful but he will respond
Police suspected that the NASCAR CEO was intoxicated and found oxycodone pills on his person.
Brian France made a surprise appearance on Sirius XM NASCAR Radio on Wednesday afternoon and addressed rumors that his family was exploring a sale of the sanctioning body.It was his first public.
The New York State Department of Motor Vehicle website lists the penalties for alcohol and drug-related violations.
But a witness called 911 and gave police a statement that claimed she saw France driving at a "very reckless speed", and claimed France's auto hit the tree after hitting a parked vehicle.