The Oregon Criminal Justice Commission shall classify manslaughter in the second degree as described in ORS 163.125 and criminally negligent homicide as described in ORS 163.145 as crime category 9 of the sentencing guidelines grid of the commission if:
(1) The manslaughter or criminally negligent homicide resulted from the operation of a motor vehicle; and
(2) The driver of the motor vehicle was driving while under the influence of intoxicants. [2003 c.815 §1]