It depends on the context. In a 0 tolerance situation, any level of detectably alcohol percentage is considered under the influence. If you are asking about the per se limit for driving and passing a breath test, the level is set by the individual states.
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∙ 13y ago40%
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Virginia law states that a person is considered to be "under the influence" if:He or she is 21 years of age or older and has a blood alcohol concentration of 0.08% or higher, or is under the influence of alcohol and/or drugs to a degree which impairs his or her ability to operate safely.He or she is under 21 years of age and has any measurable blood alcohol concentration (0.02% or higher), or is under the influence of alcohol and/or drugs to a degree which impairs his or her ability to operate safely.
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The 'Driving Under Influence" laws in New York state are as follows. When under the age of 21, one can have a blood-alcohol percentage of 0.02%. When over the age of 21, the blood-alcohol percentage can be up to 0.08%. For comercial drivers, the blood-alcohol percentage can not exceed 0.04%.