Probation availability depends on the felony class. Class 4 and Class 2 aggravated DUI generally permit probation with judicial discretion. Class X aggravated DUI is non-probationable, meaning the court must impose prison. Certain subsections carry mandatory prison even at the Class 2 level, particularly DUI causing death. Under 625 ILCS 5/11-501(d)(2), the sentencing court must state on the record the reasons if probation is granted where prison is presumed. The chicagoduilawyer.net defense objective on any aggravated case is charge reduction before sentencing enters the non-probationable zone. Facts drive class, and facts are what get contested at the motion stage.
