Yea...US DUI laws are "interesting". I make every effort to not drink and drive, but I definitely don't let anyone in a car I'm driving have an open drink. I've seen way to many 'you just handed your drink to the guy in the back seat' scenes to risk that.
Not everywhere, and it should be nowhere. Which states don't specify that there needs to be alcohol in the container? That seems like a bizarre last, but it certainly wouldn't surprise me.