I have the same problem when I start my X5 and attempt to drive right off.. For the first 1-2 minutes of the drive it will have a hard downshift into 1st from 2nd gear.. Especially when slowing down.. But if i turn on my car - and let it warm up for 2-3 minutes - then start to drive off - the problem is not there.... I am most sure i have to get the software update as well I Know it has something to do with the trans warmup protocol