In Mississippi, one of those two aforementioned states, it's perfectly legal to drink and drive (with an open container in your hand!) as long as you stay below 0.08 BAC.
(Nit: it's legal at a state level but municipalities and counties are allowed to dictate more rules on drunk driving - most don't, but YMMV)
Not exactly. Most states, 0.08 or above is presumed guilty of DUI without any other impairment detected. You can still get a DUI with a BAC below 0.08 but it becomes a bit harder to convict since it becomes a function of the officer’s testimony and any physical tests administered before your arrest.
(Nit: it's legal at a state level but municipalities and counties are allowed to dictate more rules on drunk driving - most don't, but YMMV)