An attorney for a former University of Montana athlete accused of drunk driving, decided against trying to get his client his driver's license back.

Brian Maus pleaded not guilty to driving under the influence after he allegedly rolled his car in February. Police say that accident happened in Missoula's South Hills, almost hitting a house.

His attorney had filed a petition to get Maus his license back. He argued a concussion and other injuries made Maus appear impaired.

A hearing to make a decision on that petition was set for Friday, but Maus? attorney withdrew the request on Wednesday.