THOMAS H. NEWTON, Judge.
Douglas D. Rose raises five points on appeal from his conviction for driving while intoxicated (DWI). Mr. Rose was also convicted of another traffic offense, but none of the points relate to that conviction. The first point alleges that there was insufficient evidence to sustain his DWI conviction. Next, he claims that the trial court should have granted his motion in limine to exclude evidence of his refusal to take a breath test. In his third point he claims that the trial court erred in allowing the police officer to testify concerning the horizontal gaze nystagmus test that was administered. Fourth, Mr. Rose argues that the trial court improperly interrupted his cross-examination of the arresting officer and dismissed the jury. Finally, he complains that the trial judge improperly interrupted his closing argument and dismissed the jury upon an objection by the State.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Mr. Rose was stopped by St. Joseph Police Officer Gerard McConaha at approximately 1:30 a.m. on October 4, 2000, after the officer observed Mr. Rose’s pickup truck slow at a red light, proceed through the intersection, and make a left turn while the signal was still red. After pulling Mr. Rose over, Officer McConaha detected a strong odor of intoxicants, and the officer also noticed that Mr. Rose’s eyes were glassy. When asked, Mr. Rose denied that he had been drinking. Officer McConaha had Mr. Rose exit the vehicle because of his driving actions, the smell of intoxicants, and his general look of intoxication. At that point, the officer administered three field sobriety tests, the hori[95]*95zontal gaze nystagmus (“HGN”) test, the one-leg stand test, and the walk-and-turn test.
Based upon Mr. Rose’s poor performance on these sobriety tests, the officer concluded that Mr. Rose was intoxicated. He was asked again if he had been drinking, and Mr. Rose responded, “Well, I had two beers.” Mr. Rose was arrested for DWI and transported to the police station. At the station, Mr. Rose agreed to submit to a breath sample. However, after being given three opportunities, the officer concluded that Mr. Rose was not attempting to give a valid sample because the breathalyzer emitted an audible beeping tone “like if you just let it set there by itself’ and because the device into which Mr. Rose was blowing did not “cloud up from condensation.” Thus, Mr. Rose was marked down as a refusal. It was the officer’s opinion, even without the benefit of a breathalyzer result, that Mr. Rose was under the influence of alcohol that night. Accordingly, Mr. Rose was charged with the class B misdemeanor of DWI, § 577.010,1 and a jury found him guilty.2
This appeal follows.
LEGAL ANALYSIS
Because the claims of error raised in Points II and III, if found in Mr. Rose’s favor, would bear on the sufficiency of evidence claim he raises in Point I, we address these points prior to addressing Point I.
I. Evidence of Mr. Rose’s Failure to Submit to a Breathalyzer Test
In Mr. Rose’s second point on appeal, he claims that the trial court erred in denying his motion in limine to exclude evidence of his failure to submit to the breathalyzer test because refusal was not found in his administrative suspension hearing. Rulings on motions in limine are interlocutory in nature and preserve nothing for appellate review. See State v. Carr, 50 S.W.3d 848, 855 (Mo.App. W.D.2001). To preserve a claim of error for appellate review as to the admission of evidence, the party seeking to exclude the evidence must object at trial to its admission. See id. at 855-56. Here, however, when the prosecution adduced testimony from Officer McConaha concerning Mr. Rose’s refusal, defense counsel did not object. Therefore, the issue has not been preserved for appellate review. Although Mr. Rose does not apprise this court of the applicable standard of review pursuant to Rule 84.04(e),3 we presume that he requests plain error review pursuant to Rule 30.20.
Under plain error review, Mr. Rose must show that a manifest injustice or a miscarriage of justice occurred. Even though the State concedes in its brief that the Associate Circuit Court of Buchanan County reinstated Mr. Rose’s license after a trial de novo on the basis that the evidence presented at the hearing was insufficient, Mr. Rose has not filed a record of the administrative hearing with this court. It is the appellant’s responsibility to prepare the record on appeal. Rule 81.12(d). Furthermore, whatever the reason for trial counsel’s failure to object at trial, the claim he seems to raise is essentially a collateral estoppel argument, maintaining that the prosecution should be precluded from introducing evidence of a driver’s refusal [96]*96where no refusal is found in the administrative context, and the courts of this state have typically held that such an assertion is without merit. See State v. Clarkston, 963 S.W.2d 705, 710 (Mo.App. W.D.1998) (“The fact that the refusal to consent to a breath test could not be used as a basis to revoke [the driver’s] license did not make his refusal to take [the breath test] inadmissible for other purposes, such as to explain ... why the State did not have direct evidence of the level of alcohol ... in [his] blood, and instead relied on other evidence of intoxication.”); see also State v. Mayfield, 970 S.W.2d 917, 918-919 (Mo.App. S.D.1998) (stipulation in license revocation proceeding that officer did not have probable cause to stop motorist did not collaterally estop the State in later DWI case); State v. Rotter, 958 S.W.2d 59, 64 (Mo.App. W.D.1997) (stipulation during license revocation hearing that driver had not refused to submit to a breath test did not have collateral estoppel effect in driver’s criminal trial for DWI); State v. Warfield, 854 S.W.2d 9, 11-12 (Mo.App. S.D.1993) (finding in prior license suspension administrative hearing that defendant was not driver of automobile did not bar the prosecution for DWI); Pagano v. Dir. of Revenue, 927 S.W.2d 948, 951 (Mo.App. E.D.1996) (stating “driver’s guilty plea in the criminal proceeding was not conclusive as to any of the elements of the administrative suspension of driver’s license, and did not waive Director’s duty to present evidence that driver was, in fact, the person operating the vehicle. The trial court’s determination of whether driver was the person behind the wheel was independent of, and not affected by, driver’s plea of guilty to the criminal charges arising out of the same occurrence.”).
Because of the aforementioned case law and the overall circumstances in this case, we are confident that Mr. Rose did not suffer a manifest injustice or a miscarriage of justice. This point is denied.
II. The HGN Test and Related Testimony4
In discussing the field sobriety tests administered to Mr. Rose, Officer McConaha testified that Mr. Rose scored six points on the horizontal gaze nystagmus test. The HGN test scores one point for eye movement indicative of alcohol influence for each of three tests for each eye, with the highest possible score of six points, and a score of four or more points is an indication that a suspect is intoxicated. See Parrish v. Dir. of Revenue, 11 S.W.3d 652, 655 (Mo.App. E.D.1999). Although somewhat awkward, the name of this test is quite descriptive:
Nystagmus is an involuntary jerking of the eyes. Under the HGN test, an individual’s eye movements are tested as a means of determining whether they are under the influence of alcohol. A suspect is required to follow an object such as a finger or pen with his eyes as the object is moved laterally along a horizontal plane to the periphery of the suspect’s vision. [T]here are three separate indicators that an officer looks for under the HGN test. First, an officer observes how smoothly a suspect follows the object as it is moved to the periphery of the suspect’s vision. Jerking of [97]*97the eyes rather than the ability to follow the object smoothly indicates the influence of alcohol. Second, an officer observes whether or not a distinctive jerking occurs in the eyes at the maximum point of deviation when the eye moves to the far periphery of vision. Distinctive jerking is indicative of the influence of alcohol. Third, an officer observes the angle at which nystagmus occurs. Nys-tagmus occurring at or before the eye is looking at a 45-degree angle is indicative of the influence of alcohol.
State v. Hill, 865 S.W.2d 702, 704 (Mo.App.W.D.1993), overruled on other grounds by State v. Carson, 941 S.W.2d 518, 520 (Mo. banc 1997).
A. The Admissibility of HGN Test Results
The courts of this state typically find that HGN evidence is admissible as a reliable measure of an illegal level of intoxication in prosecutions for DWI. See, e.g., Clarkston, 963 S.W.2d at 717. In this case, Mr. Rose challenges the trial court’s decision to allow Officer McConaha to testify: “Six scores, in my experience, they’ve always been above the legal limit [of] .10. I’ve never had one that scored six below.” More specifically, Mr. Rose’s third point claims that Officer McConaha was incompetent to testify because an insufficient foundation was laid as to both his compe-teney as an expert and the test’s scientific efficacy.
As it relates to Mr. Rose’s quarrel with the test’s efficacy, we first recognized the scientific acceptance of the HGN test in State v. Hill. In Hill, we found that “the HGN test has achieved general acceptance within the behavioral science community. We find that when properly administered by adequately trained personnel, the HGN test is admissible as evidence of intoxication.” Hill, 865 S.W.2d at 704. Thus, in accordance with Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923), HGN evidence may be admitted into evidence without first obtaining expert testimony regarding the HGN test’s scientific validity, provided that an appropriate foundation is laid. See Hill, 865 S.W.2d at 704; State v. Link, 25 S.W.3d 136, 144-45 (Mo. banc 2000).5 Subsequently, this court’s Southern District adopted Hill in State v. Myers, 940 S.W.2d 64, 64-5 (Mo.App. S.D.1997). Also, this court’s Eastern District has relied on Hill. See Parrish, 11 S.W.3d at 654-55 (holding that, in a license revocation proceeding, upon the driver’s refusal to submit to a chemical test of her breath, the arresting officer had reasonable grounds to arrest the driver for driving while intoxicated, noting in particular that the driver’s score of six points on an HGN test was “clearly [98]*98indicative of intoxication”) (citing Hill, 865 S.W.2d at 704).
Mr. Rose asks us to revisit and reverse Hill, claiming that the use of HGN testing should be limited to assisting an officer in the field in determining whether to arrest a driver for a drinking and driving violation. Mr. Rose refers us to Alsbach v. Bader, 700 S.W.2d 823 (Mo. banc 1985), which, we note, was decided prior to our decision in Hill. Alsbach concerned the admissibility of testimony of a witness that was involved in a motor vehicle collision, where the matters pertained to memories refreshed through hypnosis. See id. at 824. The Supreme Court of Missouri held that such testimony was inadmissible in the courts of Missouri. See id. at 830. We see no parallel between testimony concerning post-hypnotic memories and the testimony of an adequately trained law enforcement officer regarding his or her observations during a properly administered field sobriety test. We have previously been afforded an opportunity to reexamine our holding in Hill, and we declined to do so. See Clarkston, 963 S.W.2d at 717. Because he neither provides a scientific basis nor offered any evidence before the trial court that causes us to question the holding in Hill, Mr. Rose’s argument is insufficient to compel us to depart from precedent at this time either. As a consequence of Mr. Rose’s refusal, the prosecution in this case had to rely on indirect evidence of intoxication. We see no reason why a driver’s refusal to submit to a chemical test, which would arguably provide a more precise measure of blood alcohol content (“BAC”), should give rise to an inability for the State to prove intoxication by alternative means through the use of circumstantial evidence of intoxication, such as the arresting officer’s testimony as it relates to the driver’s performance on field sobriety tests, the HGN in particular.
As circumstantial evidence of intoxication, HGN test results are clearly admissible. Where, as here, a driver scores four or more points on the HGN, there is substantial evidence that the driver is intoxicated. See Duffy v. Dir. of Revenue, 966 S.W.2d 372, 378 (Mo.App. W.D.1998). Indeed, a “score of six points is clearly indicative of intoxication.” Parrish, 11 S.W.3d at 655 (emphasis added). Although indicative of intoxication, a driver’s particular score on the HGN test does not create a presumption of intoxication. That ultimate conclusion rests with the trier of fact, who is free to believe or disbelieve the officer’s testimony and to ascribe the weight given to it.
Before an officer is free to state his or her opinion as to the driver’s performance on the HGN test, however, an adequate foundation must be established. This consists of showing 1) that the officer is adequately trained to administer such test and render an opinion; and 2) that the test was properly administered. See Hill, 865 S.W.2d at 704; Duffy, 966 S.W.2d at 378-79. Trial courts have broad discretion in determining whether to admit or exclude testimony. See State v. Morrow, 968 S.W.2d 100, 106 (Mo. banc 1998). Accordingly, the determination of whether a sufficient foundation was laid for Officer McConaha to testify as to Mr. Rose’s performance on the HGN test was within the sound discretion of the trial court. See Estate of West v. Moffatt, 32 S.W.3d 648, 653 (Mo.App. W.D.2000).
First, “adequate training consists of a minimum of eight hours of police training on how to administer and interpret the HGN test.” Hill, 865 S.W.2d at 704. Secondly, the test must be properly [99]*99administered.6 See id. As set out in Hill,
Proper administration of the HGN test requires (1) that the test be conducted by requiring a suspect to follow an object such as a finger, pencil or pen with his eyes as the object is moved laterally along a horizontal plane to the periphery of the suspect’s vision, and (2) that the indicators be interpreted and scored, one eye at a time, as follows: (a) the person administering the test is to observe how smoothly a suspect follows the object as it is moved to the periphery of the suspect’s vision. Jerking of the eyes rather than the ability to follow the object smoothly indicates the influence of alcohol; (b) the person administering the test is to observe whether or not a distinctive jerking occurs in the eyes at the maximum point of deviation when the eye moves to the far periphery of vision. Distinctive jerking is indicative of the influence of alcohol; and (c) the person administering the test is to observe the angle at which nystagmus occurs.
Id. at 704. Although Mr. Rose does not specifically challenge in the argument portion of his brief Officer McGonaha’s qualifications or the manner in which Officer McConaha administered the HGN test, the officer testified that he had received approximately twenty hours of training on the HGN test, and the transcript reveals that the test was properly administered. Thus, a sufficient foundation was laid for the admission of Officer McConaha’s testimony concerning the results of the HGN test. Any criticisms that Mr. Rose might have about the HGN test in general or as it applied to him should have been borne out through the various options available to him at trial, such as cross-examination. See State v. Ferguson, 20 S.W.3d 485, 495 (Mo. banc 2000) (Defendant’s “remedy is not to exclude the evidence, but to cross-examine the state’s experts and to call expert witnesses of his own” concerning DNA evidence).
B. Testimony Attributing a BAC Level Based Upon HGN Test Results
We now narrow our focus to Officer McConaha’s statement “Six scores, in my experience, they’ve always been above the legal limit [of] .10. I’ve never had one that scored six below.” In Hill, as here, the officer stated that his experience showed that persons who performed as appellant on the HGN test registered above .10% on a breathalyzer machine. See Hill, 865 S.W.2d at 705. In Hill, we reviewed the challenged statement for plain error because there was no objection to the testimony at trial and because it was not raised in the appellant’s motion for a new trial. See id. Here, however, Officer McConaha’s particular testimony was met with an objection, see State v. Graves, 588 S.W.2d 495, 499 (Mo. banc 1979), and the issue was raised again in Mr. Rose’s motion for a new trial, see Rule 29.11(d). Thus, the issue of admissibility is preserved for appellate review. Because the trial court is vested with broad discretion to admit and exclude evidence at trial, we will affirm the trial court’s decision absent a clear abuse of discretion. See State v. Middleton, 995 S.W.2d 443, 452 (Mo. banc 1999). An abuse of discretion will be found only in “a ruling clearly against the logic of the circumstances, so arbitrary and [100]*100unreasonable as to shock the sense of justice, and lacking careful consideration.” Rasse v. City of Marshall, 18 S.W.3d 486, 489 (Mo.App. W.D.2000).
Although admissible as circumstantial evidence of intoxication upon an adequate foundation, HGN test results are inadmissible to establish that a driver’s blood alcohol content was of a specific degree. See Hill, 865 S.W.2d at 705.7 Further, Hill suggests that HGN test results are inadmissible to estimate that a particular driver’s blood alcohol content exceeded a certain level. See id.8 Thus, evidence arising from HGN tests is to be regarded as merely circumstantial evidence of intoxication.
Although Officer McConaha did not specifically state an opinion that Mr. Rose’s BAC would have registered at or above .10%, his testimony created a remarkable inference that such was the case, and we find that the admission of such testimony was an abuse of discretion. A BAC of .10% is not a prerequisite to convicting for DWI. See § 577.010.1. In fact, a jury is still free to conclude that a driver is intoxicated even if the driver’s BAC is shown to be less than .10%. See State v. Buckler, 988 S.W.2d 565, 566-68 [101]*101(Mo.App. W.D.1999) (affirming DWI conviction where breathalyzer test measured driver’s BAC at .094%). “Intoxication is a physical condition usually evidenced by unsteadiness on the feet, slurring of speech, lack of body coordination and an impairment of motor reflexes.” State v. Blumer, 546 S.W.2d 790, 792 (Mo.App.1977). Inasmuch as Hill, through the use of “linguistic gymnastics” (as characterized by the appellant), suggests that an officer who testifies that, in the officer’s experience, persons who score six points on the HGN test also register above .10% on the breathalyzer is not the same as testifying that the individual defendant has a particular blood alcohol content and is properly admissible, we think otherwise and hold that it is an abuse of discretion for a trial court to admit such testimony absent an adequate foundation which establishes the witness’ ability to determine that a person’s performance on the HGN test represents a BAC in excess of a certain level. Central to our holding that the testimony in this case is inadmissible — indeed unacceptable — is defense counsel’s objection to the testimony as well as counsel’s preservation of the issue for appellate review, which distinguishes this case from Hill.
While the General Assembly provided in § 577.037.3 that competent evidence bearing on the question of whether a person was intoxicated may be introduced at trial, Chapter 577 implicitly limits the methods of quantifying alcohol levels. Section 577.020 provides that any person who operates a motor vehicle on Missouri highways shall be deemed to have consented to chemical testing of the person’s breath, blood, saliva, or urine to determine the blood alcohol content if the person has been arrested upon reasonable belief that the person was driving while intoxicated. See § 577.020.1. Subsections 3 and 4 of § 577.020 set forth the standards for tests administered under this section:
3. Chemical analysis of the person’s breath, blood, saliva, or urine to be considered valid pursuant to the provisions of sections 577.020 to 577.041 shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the state department of health for this purpose.
4. The state department of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid pursuant to the provisions of sections 577.020 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health.
§ 577.020.3^4; see § 577.026. “The requirement of adhering to the division of health standards is to provide a substitute for the common law foundation for introduction in evidence of the amount of alcohol in an individual’s system. The testing process is a procedural requirement to insure accurate results.” State v. Mack, 903 S.W.2d 623, 630 (Mo.App. W.D.1995) (citations omitted).
Although the legislature determined that a video recording made during the administration of a field sobriety test shall be admissible, see § 577.020.7, the HGN test is merely one of several field sobriety tests that may be utilized to assist a police officer in determining whether probable cause exists to arrest a driver based upon a suspicion of intoxication, and those test results, like other field sobriety test results, are admissible as circumstantial evidence of intoxication. However, because field sobriety tests are not subject to regulations promulgated by the Depart[102]*102ment of Health, the HGN test does not enjoy the same standing as chemical testing of a driver’s breath, blood, saliva, or urine. Thus, the State could not introduce evidence of Mr. Rose’s BAC without first laying an adequate foundation for such testimony, and, simply put, Officer McCon-aha was not qualified or competent to equate a specific HGN score with a BAC level. Although the officer was adequately trained and properly administered the HGN test, and, to that extent, was properly received as an expert, the record does not establish that the officer’s expertise in administering the HGN test included an ability to correlate the HGN test results to a person’s BAC. Quite frankly, we are not satisfied that Officer McConaha’s “[mjaybe 20” hours of training in the HGN test is sufficient to do so. As such, there was no foundation laid that would allow the officer to suggest that Mr. Rose’s BAC exceeded .10%. The trial court erred, therefore, in allowing Officer McConaha to testify regarding Mr. Rose’s alcohol concentration.
Trial courts, attorneys, witnesses and other relevant parties in our justice system, are now on notice that, unless a foundation is laid that establishes the witness’s ability to correlate an HGN score with a BAC level, such testimony is unacceptable and shall be inadmissible. For us to condone such a practice would be akin to opening Pandora’s box and, consequently, would alleviate, if not eliminate, any need for law enforcement officers to administer a chemical analysis of a driver’s blood, breath, urine, or saliva.
C. Prejudice
That Officer McConaha’s particular testimony was inadmissible does not end our inquiry. An abuse of discretion in admitting challenged evidence warrants a new trial only if the admission prejudiced the defendant, which is to say that “there is a reasonable probability that in the absence of such evidence the verdict would have been different.” State v. Hanway, 973 S.W.2d 892, 896-97 (Mo.App. W.D.1998) (referencing State v. Bell, 950 S.W.2d 482, 484-486 (Mo. banc 1997)). Our Supreme Court of Missouri has explained:
[T]he test is whether the prejudicial improper admission was outcome-determinative. There is a distinction between evidence-specific and outcome-determinative prejudice. When the prejudice resulting from the improper admission of evidence is only evidence-specific and the evidence of guilt is otherwise overwhelming, reversal is not required. In contrast, when the prejudice resulting from the improper admission of evidence is outcome-determinative, reversal is required. A finding of outcome-determinative prejudice “expresses a judicial conclusion that the erroneously admitted evidence so influenced the jury that, when considered with and balanced against all of the evidence properly admitted, there is a reasonable probability that the jury would have reached a different conclusion but for the erroneously admitted evidence.”
State v. Barriner, 34 S.W.3d 139, 150 (Mo. banc 2000) (discussing State v. Roberts, 948 S.W.2d 577 (Mo. banc 1997), cert. denied, 522 U.S. 1056, 118 S.Ct. 711, 139 L.Ed.2d 652 (1998)) (citations omitted). The defendant bears the burden of showing a reasonable probability that the verdict would have been different in the absence of such evidence. See State v. Danikas, 11 S.W.3d 782, 792 (Mo.App. W.D.1999). Mr. Rose claims that the officer’s particular testimony was erroneously admitted, ostensibly assuming that the prejudicial nature of the improperly admitted evidence would be readily apparent.
[103]*103Admission of improper evidence is harmless if the other evidence of guilt is overwhelming, or if the improper evidence is not highlighted and cumulative of other evidence. See Hanway, 973 S.W.2d at 897. Here, the State did make some statements about the inadmissible evidence. The prosecutor told the jury during opening statements,
Officer McConaha will testify to you that, based on his experience and training as a police officer with the gaze nystagmus test, that that means he’s under the influence of alcohol, beyond a presumed level of intoxication, and that he’s not capable of safely operating a motor vehicle. Based on that alone.
(Emphasis added). In addition, the prosecutor told the jury in the first half of closing arguments,
And the highest score is six, and that’s what he did. He scored six. He scored the most you can do. And the officer testified when that happens, and [sic] his opinion and experience, the person is under the influence of alcohol. They’re beyond the legal presumption of — of intoxication.
We agree with the dissent that this amounts to “highlighting” the inadmissible evidence, but, although these excerpts may be construed as improperly attributing undue significance to the HGN test, the prosecutor simply referenced the HGN test as one piece of the overall puzzle and relied just as heavily upon the other evidence of intoxication. The prosecutor did not rely solely on Mr. Rose’s performance on the HGN test as evidence of intoxication.9 Furthermore, Officer McConaha did not identify the HGN test as being more reliable an indicator of intoxication than any other field sobriety test.10 In fact, his testimony on cross-examination seemed to contradict the prosecutor’s opening statement when he stated, “[Y]ou have to evaluate them all together. You can’t just use one.”
Moreover, comments made by the prosecutor in opening statements and closing arguments are not evidence. See State v. Madison, 997 S.W.2d 16, 21 (Mo. banc 1999). MAI-CR3d 302.02 instructs, “The opening statements of attorneys are not evidence.” Instruction No. 2 in this case was read to the jury and was based upon MAI-CR3d 302.02. Similarly, MAI-CR 3d 302.06 instructs that closing arguments are not evidence, and that members of the jury are to be guided by the evidence and the law as given to them by the court. Instruction No. 10 in this case was based upon MAI-CR 3d 302.06, and the jury was also orally instructed in the same manner in response to an objection by defense counsel during closing arguments. Because “a jury is presmned to know and follow the instructions,” Madison, 997 S.W.2d at 21, we cannot say that the inadmissible statement combined with the prosecutor’s reference to the same in opening statements and closing arguments “so influenced the jury that ... there is a reasonable probability that the jury would have reached a different conclusion but for the erroneously admitted evidence.” Barriner, 34 S.W.3d at 150.
Overall, neither Officer McConaha nor the prosecutor dwelled upon the HGN test as an indicator of BAC while the officer was a witness. Further, we respectfully disagree with the dissent’s view that Officer McConaha’s statement influenced the jury with the aura of scientific evidence because the officer’s prediction as to Mr. Rose’s BAC was not touted as scientific [104]*104evidence; rather, there was no suggestion that Officer McConaha was anything but a law enforcement officer rendering a lay opinion regarding his experiences in the field. Even so, the inadmissible statement was not cumulative of other evidence that, in effect, attempted to quantify Mr. Rose’s BAC as exceeding .10%. Therefore, for the admission of Officer McConaha’s testimony to be considered harmless, the other evidence of guilt must be overwhelming. See Hanway, 973 S.W.2d at 897.
The evidence of Mr. Rose’s guilt is discussed in greater detail in Section III, infra, but the following summary illustrates the overwhelming nature of the evidence against Mr. Rose. Officer McConaha testified that Mr. Rose executed a left turn through an intersection, oblivious to the fact that the light was red. The officer testified that he smelled alcohol on Mr. Rose after pulling him over and noticed that Mr. Rose had glassy eyes. Officer McConaha further testified that Mr. Rose failed all three field sobriety tests (the HGN test, the one-leg stand test, and the walk-and-turn test). After the officer informed Mr. Rose of his failure on all three, Mr. Rose admitted, despite his previous denial of alcohol consumption, “Well, I had two beers.” Significantly, the jury could also consider Mr. Rose’s refusal to submit to a breathalyzer exam as evidence supporting his guilt. See § 577.041.1; State v. Knifong, 53 S.W.3d 188, 194 (Mo.App. W.D.2001). Considering the other evidence of Mr. Rose’s guilt, which has been only summarized here and is discussed in greater detail infra, we are confident that there is virtually no danger that the jury would have reached a different conclusion but for the contested evidence.11
Although the dissent charges us with weighing the imperfections of trial against our own view of Mr. Rose’s guilt or innocence, we simply cannot say that Officer McConaha’s isolated statement, when considered with the other evidence of guilt, so infected the jury as to dictate a guilty verdict based on the officer’s statement alone. In State v. Hanway, 973 S.W.2d 892 (Mo.App. W.D.1998), we arrived at a similar result. There, the trial court erred in allowing an officer to testify regarding a portable breath test, which is, by statute, inadmissible as evidence of intoxication. See id. at 896. The defendant, among other things, failed every other field sobriety test, smelled of alcohol, had bloodshot and watery eyes, and had difficulty walking and balancing. See id. at 897. Although Hanway arguably involved more evidence of intoxication than the case before us, it is not necessary for us to engage in theoretical speculation and hypothesize where the imaginary dividing line is between “other evidence of intoxication” that is considered overwhelming and that which is not. It is sufficient for us to declare that the other evidence of Mr. Rose’s intoxication was overwhelming in this case simply because we cannot say that the improper admission of Officer McConaha’s particular testimony was outcome-determinative.
[105]*105D. Conclusion Regarding HGN Testimony
In conclusion, Officer McConaha’s testimony, which effectively connected Mr. Rose’s performance on the HGN test to a BAC in excess of .10%, was inadmissible, and the trial court abused its discretion in admitting such testimony. Although an adequately trained officer may testify that the results of a properly administered HGN test indicated a likelihood of intoxication, HGN evidence is not properly admissible under Hill to correlate a defendant’s performance to a precise BAC or to a minimum BAC. Such testimony is unacceptable in the face of an objection and should not be admitted. However, just as we were unable to find a manifest injustice in Hill, we are unable find that the jury would not have convicted Mr. Rose of DWI but for the erroneously admitted testimony. Therefore, Point III is granted in part and denied in part, and a reversal of the trial court’s judgment and sentence following the jury’s conviction is unnecessary because Mr. Rose has not demonstrated that he would have been acquitted but for the improperly admitted evidence.
III. Sufficiency of the Evidence
In his first point on appeal, Mr. Rose argues that the trial court erred in denying his motion for a judgment of acquittal. In reviewing a motion of acquittal that has been denied, we are limited to determining whether the evidence was sufficient to make a submissible case and whether there is sufficient evidence from which a reasonable jury could have found Mr. Rose guilty beyond a reasonable doubt. See State v. Young, 42 S.W.3d 729, 732 (Mo.App. W.D.2001). In arriving at our decision, we view the evidence and all reasonable inferences in the light most favorable to the verdict, while disregarding all contrary evidence. See Buckler, 988 S.W.2d at 567. We will refrain from weighing the evidence or determining issues of witness credibility, which is a function of the jury, “and it is within the jury’s province to believe all, some or none of a witness’ testimony.” State v. Brown, 996 S.W.2d 719, 728 (Mo.App. W.D.1999).
“Driving while intoxicated” is defined in § 577.010 as follows: “[a] person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle in an intoxicated or drugged condition.” An “intoxicated condition” is further defined by § 577.001.2 as “under the influence of alcohol, a controlled substance, or drug, or any combination thereof.” An actual, numerical measure of blood alcohol content is not essential to the State’s case. Although a prima facie case of intoxication is established, pursuant to § 577.037, when a chemical analysis reveals a driver’s blood alcohol concentration to be ten-hundredths of one percent (.10%) or more, “the presence of ten-hundredths of one percent by weight of alcohol in a defendant’s blood is not an essential element of the offense of driving while intoxicated.” Clarkston, 963 S.W.2d at 711 (quoting Blumer, 546 S.W.2d at 792). Instead, where there is no chemical analysis of the driver’s BAC, the State may meet its burden of proof solely through the testimony of a witness that had a reasonable opportunity to observe the alleged offender. See Knifong, 53 S.W.3d at 193; see also § 577.037.3 (providing that chemical analysis of a driver’s blood, breath, saliva, or urine is not the exclusive means of proving intoxication).
Here, there is no evidence of Mr. Rose’s actual blood alcohol level at the time he was stopped by Officer McConaha. However, there was substantial evidence before the jury from which it could determine that Mr. Rose was driving in an intoxicated condition on the morning of October 4, 2000. The jury heard testimo[106]*106ny from Officer McConaha that “when the truck was about half way through the intersection, ... the [left turn] arrow turned green. But it didn’t seem to phase him; he was going on his way.” After pulling the vehicle over, the officer noticed that Mr. Rose had a strong smell of alcohol and had glassy eyes. The jury also heard testimony from Officer McConaha regarding Mr. Rose’s apparent difficulties in performing field sobriety tests. The officer testified that Mr. Rose failed all three that were administered. While taking the one-leg stand test, Mr. Rose swayed, used his arms to balance, and put his foot down three or more times. In the walk-and-turn test, Mr. Rose did not touch heel to toe, did an improper turn, used his arms to balance, stopped walking in order to balance himself, and took seven steps instead of nine when returning. Finally, as discussed supra, Mr. Rose also scored six points on the HGN, which is substantial evidence that he was intoxicated. See Duffy, 966 S.W.2d at 378; see also Parrish, 11 S.W.3d at 655 (a “score of six points is clearly indicative of intoxication.”).
The officer also testified that he informed Mr. Rose that he failed the field sobriety tests and asked, “Are you sure you’re not drinking?” Officer McConaha testified that Mr. Rose responded, “Well, I had two beers.” Pursuant to § 577.041.1, the jury could also consider Mr. Rose’s apparent refusal to submit to a breathalyzer exam as evidence supporting his guilt. See Knifong, 53 S.W.3d at 194. Not only did Mr. Rose refuse, he was given three opportunities to provide a breath sample, but he instead chose to puff his cheeks out and pretend to blow into the device. Officer McConaha testified that “it was clear that he did not want to give a valid sample.” Finally, Officer McConaha testified as to his opinion, based on his experience as a law enforcement officer, that Mr. Rose was under the influence of alcohol that night.
Viewing the evidence in the light most favorable to the verdict, we find that there was sufficient evidence adduced to make a submissible case and that there was sufficient evidence from which a reasonable jury could have found Mr. Rose guilty beyond a reasonable doubt. Accordingly, Point I is denied.
IV. Interruption of Defense Counsel’s Cross-Examination
Mr. Rose claims in Point IV that the trial court’s sua sponte interruption during defense counsel’s cross-examination of Officer McConaha was improper and prejudiced his defense. Initially, we note that this claim of error was not raised in his motion for a new trial, and, therefore, any review to be had of this contention can only be for plain error. See Rule 29.11(d); Rule 30.20. “To be entitled to relief under a plain error standard of review, appellant must show that the trial court’s error so substantially affected his rights that manifest injustice will occur if the error is left uncorrected.” Barriner, 34 S.W.3d at 145.
Point IV is unreviewable, however. As with every other point raised on appeal, Mr. Rose fails to apprise this court of the applicable standard of review. See Rule 84.04(e). In addition, his point relied on does not comply with Rule 84.04(d). His point reads:
The trial court erred in pre-emptorily, and without an objection before it, cutting off and disallowing appellant counsel’s effort to cross-examine Officer McConaha regarding his prior testimony concerning his stated opinion of the absolute scientific, i.e., quantifiable accuracy of the conclusion to be drawn from the HGN test results as to BAC levels. As such, cross-examination was proper [107]*107and no objection had been raised at that juncture by the prosecuting attorney. Such sua sponte interruption of the trial proceeding served no judicial purpose but only worked to prejudice appellant’s due defense presentation and was reflective of a seeming animus developing in the trial judge against appellant’s counsel apparently due to his previous specific objection to the Court’s ruling denominating Officer McConaha as an “expert” and allowing him to offer scientific evidence. And despite his assurance to counsel that he would not so inject himself thusly, again, into the proceedings, this Court did exactly that, as described in Points V and VI (TR 111), with the consequence of improperly prejudicing the jury, further, against appellant’s position.
Rule 84.04(d)(1) governs appellate court review of the decision of trial court and supplies the form for a proper point relied on. The rule provides, in pertinent part, that each point shall:
(A) identify the trial court ruling or action the appellant challenges;
(B) state concisely the legal reasons for the appellant’s claim of reversible error; and
(C) explain in summary fashion why, in the context of the case, those legal reasons support the claim of reversible error.
The point shall be in substantially the following form: “The trial court erred in [identify the challenged mling or action], because [state the legal reasons for the claim of reversible error], in that [explain why the legal reasons, in the context of the case, support the claim of reversible error ].”
Point IV is not substantially in the form set out in Rule 84.04(d)(1). Also, it is not at all clear to what “Points V and VI” refers because he only raises five points on appeal. If we attempted to interpret this point, we would be forced to act as an advocate for Mr. Rose, which, clearly, we cannot do. See Weisenburger v. City of St. Joseph, 51 S.W.3d 119, 123 (Mo.App. W.D.2001).
Further, Mr. Rose’s argument does not correspond with the issue raised in his point relied on. In the argument portion supporting Point IV, he raises a claim of judicial partiality unrelated to the facts of the present case, and which is unsupported by legal argument. Instead, this theory is based on conjecture. His brief reads, in pertinent part:
It appears in this instant case that the trial judge may have gotten caught up in the moment of competitive trial work and, [sic] may have suffered a “flashback” to when he was a younger man as an assistant prosecutor trying cases against defense counsel and felt it was time to object or the conviction was “at risk.”
We decline to inquire as to the trial court’s integrity in light of Mr. Rose’s failure to properly brief this issue, complete with its own Point Relied On, supporting argument, and citation to legal authority. It seems, based on the transcript and the comments made in Appellant’s Brief, some friction exists on the part of defense counsel toward the trial judge in this case, although the reason is not entirely clear beyond the previously-quoted reference to their former adversarial relationship. Rule 32.07 provides a mechanism for a change of judge. The record does not reflect that a change of judge was requested. In the absence of such a request, we find counsel’s attempt on appeal to criticize the trial judge distasteful, and we are loath to find plain error in the face of counsel’s disrespect to the trial court, which necessitated the interruption in the first place and continues on appeal.
[108]*108As it relates to the trial court’s challenged action in this point, the jury was excused before counsel was admonished. Because there is no caselaw cited in his brief to support his notion that an interruption of cross-examination under these circumstances amounts to plain error, Mr. Rose has not adequately demonstrated a manifest injustice in the event that we had chosen to grant plain error review.
Point dismissed.
Y. Interruption of Defense Counsel’s Closing Argument
Mr. Rose’s fifth point is similar to his fourth point. During closing argument, defense counsel argued that the HGN test was “scientifically unverifiable.” After an objection, the court excused the jury and discussed the issue with counsel for both sides. When the jury returned, the court instructed the jury that the courts of Missouri “have generally accepted the validity of the gaze nystagmus test.”
His fifth point reads as follows:
That the trial court erred in pre-emp-torily, and with apparent frustration directed at appellant’s attorney, called [sic] the attorneys to the bench upon the prosecutor’s speaking objection to appellant attorney’s closing argument regarding the appropriateness of Office [sic ] McConaha’s purported scientific testimony, i.e., absolute objective accuracy, of his conclusion from the observed HGN indicators/score that appellant was “over .10% BAC,” and “over the legal limit of intoxication,” as his ability to assert such conclusion(s) were wholly lacking in legal foundation and invaded the province of the jury as fact finder. The effect of said ruling was prejudicially compounded as the Court ordered the jury out of the courtroom in the middle of appellant’s closing argument, instead of simply ruling from the bench on the objection before it, as described above, and thereafter unilaterally instructed the jury, not MAI-CR approved, and unnecessarily, thereby engendering prejudice and bias against appellant’s case and wholly disrupting and undermining the continuity and intended persuasiveness of appellant counsel’s closing argument on behalf of appellant, especially as same related to the appropriate conclusion(s) to be drawn from HGN testing and the weight to be given the arresting officer’s testimony. Such interruption and instruction was unnecessary and a clear abuse of discretion which was clearly injurious to defendant’s case and likely had a decisive effect on the jury’s verdict.
The State submits that appellant’s fifth point on appeal does not comply with Rule 84.04(d). We agree. The point is simply unintelligible and violates Rule 84.04(d)(1). Furthermore, his argument in support of this point does not include the applicable standard of review. Rule 84.04(e).
CONCLUSION
The appellant’s claim of error in Point I is denied, and Point III is granted in part and denied in part. Officer McConaha’s testimony concerning Mr. Rose’s performance on the HGN test was properly admissible, and, although the trial court abused its discretion in allowing the officer to testify, “Six scores, in my experience, they’ve always been above the legal limit [of] .10. I’ve never had one that scored six below,” the admission of such testimony did not result in outcome-determinative prejudice because the other evidence of Mr. Rose’s guilt was overwhelming. Also, there was sufficient evidence adduced to make a submissible case, and there was sufficient evidence from which a reason[109]*109able jury could have found Mr. Rose guilty beyond a reasonable doubt. Finally, Points II, IV, and V are dismissed because the claims of error raised therein have not been properly preserved for appellate review.
The circuit court’s judgment of the appellant’s jury conviction for DWI, pursuant to § 577.010, is affirmed.
HAROLD L. LOWENSTEIN, Presiding Judge, and LISA WHITE HARDWICK, Judge, concur.
PAUL M. SPINDEN, Presiding Judge, writes in a separate concurring opinion. Judge ROBERT G. ULRICH, concurs.
JAMES M. SMART, Judge, concurs with Presiding Judge SPINDEN’s concurring opinion and in the result of Judge NEWTON’s majority opinion.
WILLIAM E. TURNAGE, Senior Judge, concurs with Judge NEWTON’s majority and Presiding Judge SPINDEN’s concurring opinion.
RONALD R. HOLLIGER, Judge, writes for the dissent. Judges PATRICIA A. BRECKENRIDGE, JOSEPH M. ELLIS, and VICTOR C. HOWARD concur.