If ROR blew .08 he was legally DUI. But keep in mind that the threshold of DUI used to be .10.
At .08 ROR had some impairment but he wasn't sloppy Dom-Hasek-level drunk. But people drive impaired all the time from lack of sleep, medications, eating, messing with their phones, looking for something under their car seat, etc. So ROR broke the law and tried to run away. That's a bad look and he deserves to get slapped for it. But I'm not going all high-and-mighty over this. Anyone one of us who drank two light beers within one hour would be legally DUI in Canada.