ROUND ROCK, Texas (KXAN) — The father of a man killed by a drunk driver in 2015 has filed a lawsuit against the bar where the driver was a few hours before the deadly crash.

The lawsuit claims Homer’s Bar and Grill, located along Wells Branch Parkway in north Austin, overserved John McClintock, 33. The lawsuit claims Homer’s Bar was negligent by serving McClintock, who was already intoxicated.

According to the lawsuit, McClintock left the bar just before 2 a.m. on Nov. 11, 2015. McClintock drove northbound in the southbound lanes of Interstate 35 for 11 miles before crashing into motorcyclist Domonick Turner, 25, in Round Rock around 4 a.m. Turner died at the scene.

According to the affidavit, McClintock said he made a “wrong turn,” as he was driving home to San Marcos. McClintock told police that he drank five beers and three shots of whiskey between the hours of 10:30 p.m. and 12:30 a.m. Officers noted a strong smell of alcohol on his breath after the crash and in official documents said that McClintock’s clothes were covered in vomit.

Last month, a jury sentenced McClintock to 12 years in prison for intoxication manslaughter.

The Texas Alcoholic Beverage Commission just submitted its investigation findings involving the McClintock case to its legal department, which is expected to make a decision within a few weeks.

“We’re determining first if the business had policies that would’ve prevented any service of alcohol to an intoxicated person, and if they did, did they follow those policies and did they sell alcohol in a way that did contribute to the loss of life,” explains Chris Porter, public information officer for TABC.

The TABC opened an investigation into Homer’s Bar and Grill after seeing media reports on the crash in 2015. “We rely upon media reports, tips from law enforcement, we rely upon tips from citizens who are concerned about any possible public safety violations,” said Porter.

TABC must investigate every complaint. “We do open and undercover inspections where we can go in to identify if the alleged behavior is happening again,” said Porter. “We can also look at bank records. For example if someone is accused of buying alcohol when they’re intoxicated, we can look at their credit card records.”

Bars must renew their licenses every two years, and there are a lot of factors TABC considers before approving an application.

“If the establishment has had a number of public safety violations in the past, and there’s not a set number but we look at the significance and severity of those accidents,” explains Porter. “If there was a loss of life, if there was some sort of risk to public safety.”

Since getting its liquor license in 2006, Homers Bar and Grill has received three violations from the Texas Alcoholic Beverage Commission. In 2008, Homer’s had to go through mandatory education courses and pay a $2,400 fine for selling to a minor. In 2011, the bar received a written warning for failure to report something. In 2014, a $1,200 fine was issued and a suspension for selling to an intoxicated person.

Homers Bar and Grill  is in the midst of trying to renew its liquor license. The bar’s license expired on Oct. 4, but the commission says it gives establishments a 30-day grace period to re-apply. Ultimately, the commission can protest a license renewal before a judge. The agency says at any given time, they’re protesting about five or six establishments across the state.

To file a complaint with TABC, you can download the TABC mobile app for Apple or OIS devices, or you can email the agency.

KXAN reached out to the attorney for the Turner family, but she declined to comment on the lawsuit.

Homer’s Bar and Grill sent KXAN this statement:

“We express our deepest sympathies to the Turner family for their loss,” said the owner of Homer’s Bar and Grill. “As to the lawsuit that was recently filed, we will let the legal process play out and have no further comment at this time.”