I think I figured it out guys sorry to waste your time. it was a combination of barometric pressure, air temp, and just the right gear. Tomorrow morning is forcasted to be almost identical to the morning I posted the question. I'll try it again on the way to work.

I rarely use the aircon it's not used during driving. I got a bunch of windows that open and I always drive way to fast like 10mph over the limit. 0 accidents 1 speeding ticket in 18 years driving.

Rpm range is almost always between 1400 and 3500 max rpm of almost 5k while passing once. It was a toyota prius I hate hate hate them I want them to hear me hurting the environment.
The only problems as far as the engine is one of the oil feed lines needs to be replaced. It leaks 1 qt of oil a month. Also the boot for the throttle body needs to be replaced to stop the wanna be turbo sound.

hope the signature update worked

__________________
2003 X5 3.0i automatic
jet blk/beige leather
premium, rear climate, sport packages
The "You'll never have extra money again!" Edition