AUBURN – A local police officer charged with operating under the influence is seeking to have the results of a blood-alcohol test and statements to police thrown out of court.

Mitchell Sweetser, 41, is asking for a jury trial in Androscoggin County Superior Court. He pleaded not guilty last month to a charge of criminal OUI, a misdemeanor. If convicted, he could face up to 364 days in jail.

Sweetser’s blood-alcohol level was recorded at .19 percent, more than twice the legal driving limit.

An Androscoggin County Sheriff’s Office sergeant issued the complaint in January stemming from a November accident that sent Sweetser to the hospital with a serious injury.

At Central Maine Medical Center in Lewiston, where Sweetser was treated for a head laceration and kept overnight, he talked to Sgt. Rielly Bryant, court records said.

It also was at the hospital that his blood was drawn, about 2 hours after the crash, under Bryant’s supervision.

Auburn attorney Leonard Sharon filed motions on behalf of his client, Sweetser, seeking to suppress the blood evidence and any statements Sweetser made to Bryant at the hospital as well as Bryant’s observations about Sweetser, arguing that both the evidence and statements violated Sweeter’s state and federal constitutional rights.

The blood taken from Sweetser violated his rights because, in part, there was no “articulable suspicion” that a crime had been committed and the act lacked probable cause, Sharon’s motion said. Bryant hadn’t read Sweetser his Miranda warning before he made statements to Bryant, Sharon said. “The statements were not knowingly, voluntarily and intelligently given,” he wrote.

Sharon also filed a motion asking that an expert testify about whether the blood evidence was properly drawn, analyzed and seized.

An expert is expected to examine Sweetser’s medical records to determine whether his medical condition might account for a higher blood-alcohol level than it actually was, Sharon said Thursday.

A judge hasn’t ruled on motions to suppress evidence and statements. A meeting with a judge and the attorneys in the case likely would be held next month, a clerk said.

Sweetser, an Auburn Police Department patrolman, was suspended without pay last month. Chief Phil Crowell said Sweetser’s status would be reviewed after the charge has been resolved in court.

According to a police report, Sweetser failed to yield when the car he was driving entered the intersection of Hampshire Street and Union Street bypass at 11:30 p.m. His car, a rented Dodge, slammed into a pickup truck driven by a 25-year-old local man who complained of soreness but declined to be treated.