From what I understand, the lemon law comes into play after the car is still broken after a reasonable number of attempts at fixing the same problem. After that you need to notify the manufacturer and give them one last chance to fix the vehicle. Then if it's still not fixed, you go through the manufacturer's arbitration program. After all that is unsatisfactory, then you can sue in court.
Best to let the warranty and BMW handle it the best they can for now.
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