I do not know the law in each state, but I suspect that drinking in a vehicle on a public thoroughfare is going to be unlawful in MOST states, if not all, whether driver or passenger. Many states have "open container" laws (as you described in your note). Generally, an open container law prohibits any alcoholic beverage that has been opened (with a broken seal) from the passenger compartment of the vehicle. In some cases, you MAY even find that you cannot have such a container anywhere in the vehicle at all.