Tony Berkley is accused of causing the crash in Dundee last Thursday night that killed his daughter and her boyfriend.
A grand jury now has the case.
Berkley's daughter, Melissa, died last weekend at the University of Louisville Hospital.
21-year-old Jerry Goodman Junior died Monday night. The grand jury will look over evidence and decide if Berkley will face murder charges.
A decision could come as early as November 29th.