I couldn't tell from the video, but i think its an '06 3er. According to Fox news, the BMW "out ran the chase helicopter." I couldn't find that exact quote but found this news release and a video.
News release: khou.com news
Video of final moments: FoxNews.com, HOT PURSUIT
ps, wasn't sure if this belonged in the video section or what, but it's a BMW incident... so i stuck it here, more general i thought.