Driving with an open beer in your car is open container. If you are impaired or over .08% BAC, that is DWI. Drinking and driving is not always DWI if you are not impaired or over .08%.mr1337 wrote: Agreed, I was over-simplifying it for the sake of the discussion. Much in the sense that it's not illegal to drink and drive, it's just illegal to drive while intoxicated. (But drinking and driving is seen as being intoxicated while driving.)
Drinking while carrying is not illegal, unless you are/become intoxicated.