We're going to make this very, very simple for you. No one has any business operating a vehicle under the influence or driving with an open container in the cabin regardless of local law. That said, the good people at Car and Driver have taken the time to work up a quick infographic touching on open container laws in various states (click here to view).
A total of 11 states are either noncompliant with federal guidelines prohibiting open alcoholic beverages in the passenger compartment or don't have a law against open containers on the books. Those states see federal funding directed from construction activities to safety programs as a result.
That's not to say those 11 are easy on those who imbibe and drive. As Car and Driver points out, all 50 states now have ignition-interlock laws for citizens convicted of a DUI. Those laws require a breathalizer to be installed in the offender's personal vehicle. If the driver doesn't blow a perfect zero blood alcohol level, the car won't start.