OPINION OF THE COURT
The State of Florida timely appeals the granting of Defendant’s Motion to Suppress all evidence of field sobriety tests conducted at the scene of a traffic stop. This Court has jurisdiction, Florida Rules of Appellate Procedure, Rule 9.140(c)(1)(B) and State v Hancock, No. 91-1740 — So.2d — (Fla. 4th DCA August 21, 1991) [16 FLW D2201].
Field sobriety tests are not testimonial in nature nor are they a communication that is protected by the constitution. See, State v Edwards, 463 So.2d 551 (Fla. 5th DCA 1985) and Macias v State, 515 So.2d 206 (Fla. 1987). However, they are observations that become evidence, and, like evidence, they should be suppressible, if illegally obtained.
A trial court’s determination of whether Appellee’s consent was voluntarily given because it was based upon misinformation provided by the arresting officer, if supported in the record, will not be disturbed on appeal. See, State v Burnett, 536 So.2d 375 (Fla. 2d DCA 1988).
In a search and seizure consent situation, evidence was suppressed after a police officer threatened an arrest for loitering unless consent to search was given. See, Rivera v State, 492 So.2d 477 (Fla. 4th DCA 1986).
Furthermore, a confession obtained by threats or promises is inadmissible. See, In Re K.H. 418 So.2d 1080 (Fla. 4th DCA 1982). When a Defendant was told to talk and charges will be dropped, the resulting confession was ruled to be inadmissible. See, Brown v State, 413 So.2d 414 (Fla. 5th DCA 1982). When he was told to talk and that he would be released from jail, the confession was held to be involuntary. See, Brockelbank v State, 407 So.2d 368 (Fla. 2d DCA 1981). Here, the Defendant was incorrectly told that he had to do the road-side tests, or he would lose his driver’s license. Such a misstatement of the importance of his decision to do or not to do road-side tests can be distinguished from a misstatement by police officers of factual evidence existing against a Defendant that results in the Defendant’s confessing. See, State v Manning, 506 So.2d 1094 (Fla. 3d DCA 1987). Here, it
DONE AND ORDERED at Fort Lauderdale, Broward County, Florida, this 12th day of September, 1991.