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.