I also have a 09 X5 with the same problem. Over filled from day one but the dealer also said they took out 2 quarts. Then the oil level started to flux and make the low oil message appear. The dealer had no idea really and had to wait to get a hold of BMW. The digital oil level is cool but BMW should still put a dip stick under the hood to back it up. End the end they did a software update. So we will see.
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